BYERS v. CROUSE

No. 7788.

339 F.2d 550 (1964)

John Edwin BYERS, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

December 11, 1964.


Attorney(s) appearing for the Case

Philip L. Savage, Oklahoma City, Okl., for appellant.

Richard H. Seaton, Asst. Atty. Gen. (William M. Ferguson, Atty. Gen., and Robert J. Lewis, Jr., Asst. Atty. Gen., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, United States Circuit Judges.


HILL, Circuit Judge.

This appeal is from an order of the court below denying, after a hearing, appellant's petition for a writ of habeas corpus.

Appellant, Byers, was charged, tried and convicted by a jury in the District Court of Neosho County, Kansas, on three counts of grand larceny, in violation of Kan.G.S.1949, 21-533. At the trial Byers was represented by retained counsel and, after the jury rendered its verdict, the state notified him in open court...

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