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LEWIS v. GOURLEY

No. 76-1790.

560 F.2d 393 (1977)

James Eugene LEWIS, Appellant, v. Ewing GOURLEY, Director, Division of Corrections, Missouri Department of Social Services, and Donald W. Wyrick, Warden, Missouri State Penitentiary, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 19, 1977.

Rehearing and Rehearing September 14, 1977.

Attorney(s) appearing for the Case

Robert G. Duncan, Kansas City, Mo., for appellant.

John D. Ashcroft, Atty. Gen. and Robert M. Sommers, Asst. Atty. Gen., Jefferson City, Mo., and Philip M. Koppe, Asst. Atty. Gen., Jefferson City, Mo., filed supplemental brief, for appellees.

Before LAY, BRIGHT and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc September 14, 1977.

PER CURIAM.

James Eugene Lewis appeals from the District Court's1 denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm.

Petitioner was arrested and charged by Missouri authorities with possession of cocaine, in violation of § 195.020, Mo.Rev.Stat. He has been tried twice in the Clay County, Missouri Circuit Court. Prior to...

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