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GERBERDING v. SWENSON

No. 20311.

435 F.2d 368 (1970)

Wilburn Jerome GERBERDING, Appellee, v. Harold R. SWENSON, Warden, Appellant.

United States Court of Appeals, Eighth Circuit.

December 7, 1970.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., and Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, Mo., filed brief for appellant.

Robert G. Duncan and Lewis E. Pierce, Kansas City, Mo., filed brief for appellee.

Before GIBSON and LAY, Circuit Judges, and HUNTER, District Judge.

GIBSON, Circuit Judge.

The appellee Wilburn Jerome Gerberding was granted a writ of habeas corpus by the District Court of the Western District of Missouri relieving him of a life sentence imposed under the Missouri Second Offender Act.1 The State has appealed, claiming the sentence under attack is valid. The question presented for review is whether a conviction obtained in a one-stage penalty enhancement trial is constitutionally infirm...

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