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DAEGELE v. CROUSE

No. 19070.

429 F.2d 503 (1970)

George William DAEGELE, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals, Tenth Circuit.

June 10, 1970.

Attorney(s) appearing for the Case

Kent Frizzell, Atty. Gen., and Edward G. Collister, Jr., Asst. Atty. Gen., have filed a motion to affirm and suggestions in support of summary affirmance on behalf of the appellee.

George William Daegele, pro se.

Before LEWIS, Chief Judge, and PICKETT and HICKEY, Circuit Judges.

PER CURIAM.

In 1962, upon his plea of guilty to a charge of forcible rape, Daegele was sentenced as a second offender under the Kansas habitual criminal statute, K.S.A. 21-107a, to a term of ten (10) to forty-two (42) years. The conviction was affirmed in State v. Daegele, 190 Kan. 613, 376 P.2d 807 (1962). The United States Supreme Court granted certiorari, vacated the judgment, and remanded for...

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