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DURHAM v. WYRICK

No. 76-1462.

545 F.2d 41 (1976)

John Hilary DURHAM, Appellant, v. Donald W. WYRICK, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 16, 1976.

Attorney(s) appearing for the Case

John H. Durham, pro se.

John C. Danforth, Atty. Gen., and Philip M. Koppe, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.

PER CURIAM.

John Hilary Durham appeals from the district court's* order denying his petition for a writ of habeas corpus. We affirm.

In December, 1963 appellant was arrested and charged with statutory rape. The indictment recited seven prior felony convictions.1 Appellant had been pardoned for these convictions on October, 1963 by the Governor of Missouri. Appellant's first trial ended when the judge...

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