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DeBERRY v. WOLFF

No. 74-1975.

513 F.2d 1336 (1975)

Earl DeBERRY, Appellant, v. Charles WOLFF, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1975.

Attorney(s) appearing for the Case

Douglas L. Kluender, Lincoln, Neb., for appellant.

Harold S. Salter, Deputy Atty. Gen., Claims Div., Lincoln, Neb., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, ROSS, Circuit Judge, and TALBOT SMITH, Senior District Judge.

ROSS, Circuit Judge.

Earl E. DeBerry, a Nebraska state prisoner, appeals from the denial by the district court1 of his petition for a writ of habeas corpus. We affirm.

DeBerry was convicted in August, 1972, after a jury trial in state court, of shooting with intent to kill, wound or maim his former wife, Yvonne DeBerry, in violation of Nebr.Rev.Stat. § 28-410 (Cum.Supp.1974). He...

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