MEMORANDUM OF DECISION
URBOM, District Judge.
The habeas applicant, Harold L. McGhee, is presently incarcerated in the Nebraska Penal and Correctional Complex. On January 15, 1968, he was found guilty by a jury on three separate counts of assaulting a police officer. Following the one-day trial the district court conducted a hearing on a fourth count which charged the petitioner with being a habitual criminal and at the conclusion of that hearing found the...
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