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HARRIS v. BREWER

No. 20389.

434 F.2d 166 (1970)

Earl William HARRIS, Appellee, v. Lou V. BREWER, Warden, Appellant.

United States Court of Appeals, Eighth Circuit.

November 19, 1970.

Attorney(s) appearing for the Case

Earl W. Harris, pro se.

Richard C. Turner, Atty. Gen., and G. Douglas Essy, Asst. Atty. Gen., Des Moines, Iowa, on brief for appellant.

Before VOGEL, Senior Circuit Judge, and MEHAFFY and LAY, Circuit Judges.

LAY, Circuit Judge.

This is an appeal by the Warden of the Iowa Penitentiary from the issuance of a writ of habeas corpus by the federal district court.

The petitioner was convicted of forgery in Davenport, Iowa, in 1965, and was sentenced to 10 years. Upon appeal to the Iowa Supreme Court his conviction was affirmed. State v. Harris, 141 N.W.2d 149 (Iowa 1966).1 Thereafter, in 1966, he applied...

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