WOLFS v. BRITTON

No. 74-1558.

509 F.2d 304 (1975)

Jay Randall WOLFS, Petitioner-Appellant, v. R. G. BRITTON, Superintendent, Tucker Unit, Arkansas Department of Correction, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 31, 1975.


Attorney(s) appearing for the Case

Robert A. Newcomb, Ark. Dept. of Correction, Pine Bluff, Ark., for petitioner-appellant.

Michael S. Gorman, Asst. Atty. Gen., Little Rock, Ark., for respondent-appellee.

Before LAY and BRIGHT, Circuit Judges, and TALBOT SMITH, Senior District Judge.


TALBOT SMITH, Senior District Judge.

The petitioner before us, Jay Randall Wolfs, was convicted by a jury of assault with intent to kill and his punishment was assessed, by the same jury, at nineteen years in the penitentiary. He appealed his conviction to the Supreme Court of Arkansas. His conviction was there affirmed, with a reluctant concurrence by Justice Fogleman.1 Petitioner (hereafter defendant) subsequently brought a petition...

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