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GARTON v. SWENSON

No. 18547-1.

367 F.Supp. 1355 (1973)

Charles W. GARTON, Petitioner, v. Harold R. SWENSON, Respondent.

United States District Court, W. D. Missouri, W. D.

December 18, 1973.

Attorney(s) appearing for the Case

David R. Freeman, Federal Public Defender, Thomas M. Larson, Asst. Federal Public Defender, Kansas City, Mo., for petitioner.

Stephen D. Hoyne, Asst. Atty. Gen., State of Mo., Jefferson City, Mo., for repondent.

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

Petitioner, currently serving a life sentence imposed under the Missouri Habitual Criminal Act, was granted conditional federal habeas corpus relief in Garton v. Swenson 266 F.Supp. 726 (W. D.Mo.1967). Further proceedings were held and petitioner returns to this Court seeking additional relief.

I.

On September 1, 1961, two men robbed the Farley State...

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