Legal Opinion
Gale H. Johnson v. John E. Bennett, Warden, Iowa State Penitentiary
Court of Appeals for the Eighth Circuit
Decided July 17, 1969No. 18744_1PublishedCited by 31 opinions
1Opinion of the Court
BLACKMUN, Circuit Judge.
This habeas corpus case, instituted by Gale H. Johnson, an Iowa state prisoner now 64 years of age, and primarily concerning the frequently contested but consistently approved Iowa alibi instruction, is before us a second time.1
*51Johnson is serving a life sentence2 in the Iowa penitentiary as a result of his conviction by a jury of murder in the second degree, as defined by § 12912 of the 1939 version of the Iowa Code. The victim, a police officer, was shot on the early morning of May 27, 1934, as he was investigating a burglary of a Burlington store. On appeal Johnson’s…
2Cases cited76 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Fay v. NoiaSupreme Court of the United States · 1963
- Brookhart v. JanisSupreme Court of the United States · 1966
- Leland v. OregonSupreme Court of the United States · 1952
- Reck v. PateSupreme Court of the United States · 1961
71 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Commonwealth v. FrenchMassachusetts Supreme Judicial Court · 1970
- Jack Henry Smith v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1972
- Commonwealth v. LeasterMassachusetts Supreme Judicial Court · 1972
- State v. WisniewskiSupreme Court of Iowa · 1969
- Ferguson v. StateAlaska Supreme Court · 1971
26 more not listed; retrieve them via the Exa API.