Leonard Wymer Walle v. Maurice H. Sigler, Warden, Nebraska Penal and Correctional Complex

STEPHENSON, Circuit Judge.

This is a collateral attack, through 28 U.S.C. § 2254, upon a final judgment of conviction rendered in 1968. Judge Ur-bom issued the certificate of probable cause required by 28 U.S.C. § 2253, and we must review. Nowakowski v. Maro-ney, 386 U.S. 542, 543, 87 S.Ct. 1197, 18 L.Ed.2d 282 (1967). See Gross v. Bishop, 377 F.2d 492 (C.A.8, 1967). The appeal is one in forma pauperis, with appointed counsel.

Leonard Wymer Walle, the petitioner-appellant, was convicted of second-degree murder after trial by jury in the District Court for Douglas County, Nebraska. A sentence of…