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IN RE TUCKER

No. 875.

214 F.Supp. 202 (1963)

In the Matter of Sammy Aire TUCKER.

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

February 18, 1963.

Attorney(s) appearing for the Case

Leonard Bornschein and Charles Shaw, Clayton, Mo., for petitioner.

Thomas Eagleton, St. Louis, Mo., and Howard L. McFadden, for respondent.

GIBSON, Chief Judge.

Petitioner files for writ of habeas corpus directed against E. V. Nash, Warden of Missouri State Penitentiary at Jefferson City, Missouri. Petitioner was convicted in the Circuit Court of Cape Girardeau County of murder in the first degree in a trial charging said offense and under the Habitual Criminal Act of Missouri, § 556.280 RSMo 1959, V.A. M.S. Upon a finding of guilty by the jury, the judge, acting under the provisions of the Habitual...

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