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ANDERSON v. WATT

No. 72-1666.

475 F.2d 881 (1973)

Park ANDERSON, Warden, Oklahoma State Penitentiary, the State of Oklahoma, Appellant, v. Henry Edward WATT, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 19, 1973.

Attorney(s) appearing for the Case

Paul Crowe, Asst. Atty. Gen. (Larry Derryberry, Atty. Gen. of Oklahoma, with him on the brief), for appellant.

James Gotcher, McAlester, Okl., for appellee.

Before SETH, McWILLIAMS, and BARRETT, Circuit Judges.

PER CURIAM.

The appellee, Henry Edward Watt, was tried in the Oklahoma state courts in 1967 for the "Illegal Sale of Marihuana After a Former Conviction of a Felony." He was found guilty by the jury and also sentenced by the jury. The sentence was for thirty-seven years pursuant to the state habitual criminal act. The record showed that defendant had sold five penny matchboxes of marihuana. At the time the information for this offense was filed, he was in the Oklahoma...

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