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WAY v. CROUSE

No. 415-69.

421 F.2d 145 (1970)

Theodore WAY, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.

United States Court of Appeals, Tenth Circuit.

February 9, 1970.

Attorney(s) appearing for the Case

Leslie L. Conner, Oklahoma City, Okl., (Conner, Little & Conner, Oklahoma City, Okl., on the brief), for appellant.

Edward G. Collister, Jr., Asst. Atty. Gen., of Kansas (Kent Frizzell, Atty. Gen., Topeka, Kan., on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

MURRAH, Chief Judge.

Way is confined in the Kansas State Penitentiary, serving sentences imposed in October, 1967, upon his plea of guilty to second degree burglary, and possession of a firearm after conviction of a felony.

In a habeas corpus petition filed in the federal district court in April, 1969, he alleged that his appeal from the conviction and sentence had not yet been docketed in the Kansas Supreme Court, eighteen months after sentencing,

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