Billy Joe Garrett v. Harold R. Swenson, Warden

Billy Joe Garrett appeals from an order of the district court denying his petition for habeas corpus relief. Garrett v. Swenson, 331 F.Supp. 1197 (E.D. Mo.1971). Petitioner was convicted of robbery by a jury in the Circuit Court of New Madrid County, Missouri. The trial court imposed a sentence of fifty years imprisonment. Following three unsuccessful appeals to the Missouri Supreme Court, petitioner filed the instant habeas corpus petition. 1

Petitioner raises five issues for review. We discuss only one issue here: whether petitioner is entitled to have his sentence reconsidered because the…