James K. Newman v. Maurice Sigler, Warden of the Nebraska Penal and Correctional Complex,appellee

VAN OOSTERHOUT, Chief Judge.

This is a timely appeal from final order denying petitioner James K. Newman habeas corpus relief from his state conviction of second degree murder. Petitioner’s conviction was affirmed on direct appeal, State v. Newman, 179 Neb. 746, 140 N.W.2d 406. Petitioner was denied post-conviction relief by the state trial court. Such action was affirmed. State v. Newman, 181 Neb. 588, 150 N.W.2d 113.

The present habeas corpus petition was filed in the federal district court. Counsel was appointed to represent defendant. An evidentiary hearing was held.

Petitioner urged that…