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SMITH v. GAFFNEY

No. 71-1609.

462 F.2d 663 (1972)

George B. SMITH, Defendant-Appellant, v. R. J. GAFFNEY, Warden, Kansas State Penitentiary, Lansing, Kansas, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 7, 1972.

Attorney(s) appearing for the Case

Harris D. Sherman, Denver, Colo., for defendant-appellant.

Edward G. Collister, Jr., Asst. Atty. Gen., Topeka, Kan. (Vern Miller, Atty. Gen., Topeka, Kan., on the brief), for plaintiff-appellee.

Before JONES, HILL and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

George B. Smith, a state prisoner, appeals from an order dismissing his petition for a writ of habeas corpus.

In June, 1962, Smith was convicted in the Sedgwick County District Court of Kansas on counts of second degree burglary and grand larceny. The Court, upon a showing of two prior Oklahoma felony convictions and one prior Kansas felony conviction, imposed concurrent life sentences pursuant to the Kansas Habitual Criminal Act, K...

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