Legal Opinion

James W. Carpenter v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas

Court of Appeals for the Tenth Circuit

Decided April 7, 1966No. 8555PublishedCited by 5 opinions

1Opinion of the Court

BOHANON, District Judge.

This is an appeal from an Order of the District Court of Kansas denying Petitioner Carpenter relief on his Petition for Writ of Habeas Corpus. Petitioner is presently serving a sentence in the Kansas State Prison. He was convicted in the District Court of Wyandotte County, Kansas, after a jury trial of burglary in the second degree and larceny in connection therewith. This crime carries a penalty of not less than five years nor more than ten years. K.S.A. 21-523. At the time of sentencing, the State introduced evidence of a prior conviction by a military court-martial,…

2Cases cited5 opinions

  1. McNally v. HillSupreme Court of the United States · 1934
  2. McKinney v. Finletter, Secretary of U.S. Air ForcesCourt of Appeals for the Tenth Circuit · 1953
  3. Arley C. Browning v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, KansasCourt of Appeals for the Tenth Circuit · 1964
  4. Clarence Duke McGann v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1961
  5. Harry Roberts, Jr. v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, KansasCourt of Appeals for the Tenth Circuit · 1965

3Cited by5 opinions

  1. Cuevas v. WilsonDistrict Court, N.D. California · 1966
  2. William T. Miller v. J. T. Willingham, WardenCourt of Appeals for the Tenth Circuit · 1968
  3. Smith v. CrouseDistrict Court, D. Kansas · 1968
  4. William Delos Chappell v. Sherman H. Crouse, Warden Kansas Kansas State Penitentiary, Lansing, KansasCourt of Appeals for the Tenth Circuit · 1968
  5. Christoforo Ramon Vialpando v. Wayne K. Patterson, Warden of the Colorado State PenitentiaryCourt of Appeals for the Tenth Circuit · 1967

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