John Hilary Durham v. Donald W. Wyrick, Warden, Missouri State Penitentiary

John Hilary Durham appeals from the district court’s * order denying his petition for a writ of habeas corpus. We affirm.

In December, 1963 appellant was arrested and charged with statutory rape. The indictment recited seven prior felony convictions. 1 Appellant had been pardoned for these convictions on October, 1963 by the Governor of Missouri. Appellant’s first trial ended when the judge declared a mistrial because of a hung jury. Appellant’s second trial resulted in a mistrial upon the motion of appellant’s counsel, due to a witness’ volunteered statement that appellant had committed…