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HUNTER v. SWENSON

No. 20601.

442 F.2d 625 (1971)

Bert Leroy HUNTER, Appellant, v. Harold R. SWENSON, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

As Amended on Denial of Rehearing May 21, 1971.

Attorney(s) appearing for the Case

Bert Leroy Hunter, filed brief pro se.

John C. Danforth, Atty. Gen., and Kenneth M. Romines, Asst. Atty. Gen., Jefferson City, Mo., filed brief for appellee.

Before VOGEL and ROSS, Circuit Judges, and STEPHENSON, Chief District Judge.

ROSS, Circuit Judge.

Hunter brought this action for a writ of habeas corpus against Swenson, the warden of the Missouri State Penitentiary. The trial court entered an order denying the petition and refusing to grant an evidentiary hearing. We reverse with directions to the trial court to hold an evidentiary hearing.

Hunter was charged with first degree murder in an amended information filed in the Circuit Court of...

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