Dutton R. Miller v. Maurice H. Sigler, Warden

GIBSON, Circuit Judge.

This is an appeal from the United States District Court, District of Nebraska in which Judge Van Pelt, after a full evidentiary hearing, denied petitioner a writ of habeas corpus. A certificate of probable cause was subsequently granted and petitioner now appeals the denial of the writ to this Court.

Petitioner is an Inmate of the Nebraska State Penitentiary serving a sentence for violation of the state narcotics law. After a plea of not guilty, petitioner was tried before a jury and convicted. Introduced at the trial was a bottle containing vegetable substance identified…