Joe M. Mathis v. The People of the State of Colorado and Wayne K. Patterson, Warden of the Colorado State Penitentiary

BREITENSTEIN, Circuit Judge.

This is an appeal from the denial of habeas corpus relief to appellant, a state prisoner. He was found guilty of various offenses, all related to an attempted supermarket robbery in Denver. The Colorado Supreme Court affirmed the conviction. Mathis v. People, Colo., 448 P.2d 633. In the habeas court the appellant offered no evidence and the case was decided on the basis of the state court record.

Appellant argues that the evidence is insufficient to sustain the conviction. A state prisoner is entitled to federal habeas relief only when rights guaranteed by the…