Herbert Clay v. Harold Black, Warden, Kentucky State Reformatory

KENT, Circuit Judge.

This is an appeal from the District Court’s denial of the appellant’s applica tion for a writ of habeas corpus. 1 No evidentiary hearing was held but the District Judge had the benefit of the transcript of the appellant’s trial in the State Court.

Briefly, the facts are as follows. The State presented an eye witness who testified that the appellant pulled the victim from the appellant’s car, pushed him against a co-defendant, and shot the victim with a .45 caliber pistol. The appellant took the witness stand and testified that the decedent was in the appellant’s car (a fact…