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ORRICER v. ERICKSON

No. 71-1516.

471 F.2d 1204 (1973)

Charles R. ORRICER, Appellant, v. Donald R. ERICKSON, Warden of the South Dakota State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 12, 1973.

Attorney(s) appearing for the Case

Martin Weeks, Vermillion, S. D., for appellant.

William J. Srstka, Jr., Asst. Atty. Gen., Pierre, S. D., for appellee.

Before MATTHES, Chief Judge, BRIGHT, Circuit Judge, and WEBSTER, District Judge.

BRIGHT, Circuit Judge.

Charles R. Orricer collaterally attacks his state court conviction and the resulting fifteen-year prison sentence for committing burglary in the second degree in violation of the criminal laws of South Dakota. Orricer's conviction dates back to March, 1961. The Supreme Court of South Dakota affirmed the conviction on direct appeal, State v. Orricer, 80 S.D. 126, 120 N.W.2d 528 (1963), and subsequently affirmed...

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