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SWENSON v. DONNELL

No. 18638.

382 F.2d 248 (1967)

Harold R. SWENSON, Warden, Missouri State Penitentiary, Appellant, v. William B. DONNELL, Appellee.

United States Court of Appeals Eighth Circuit.

August 8, 1967.

Attorney(s) appearing for the Case

Howard L. McFadden, Asst. Atty. Gen., Jefferson City, Mo., for appellant; Norman H. Anderson, Atty. Gen., Jefferson City, Mo., was with him on the brief.

P. Pierre Dominique, Jefferson City, Mo., for appellee.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT, MATTHES, BLACKMUN, MEHAFFY, LAY and HEANEY, Circuit Judges, Sitting En Banc.

MATTHES, Circuit Judge.

The crucial question presented in this habeas corpus proceeding is whether Douglas v. People of State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811, (1963), is to be applied retrospectively to the case of William B. Donnell, an indigent Missouri prisoner, whose conviction in 1960 was affirmed by the Supreme Court of that state in November, 1961. State v. Donnell, 351 S.W.2d 775

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