United States of America Ex Rel. Joseph Calhoun, Cross-Appellant v. Frank J. Pate, Warden of the Illinois State Penitentiary, Cross-Appellee

KNOCH, Circuit Judge.

Relator Joseph Calhoun was convicted in a bench trial in the criminal Court of Cook County on a charge of unlawful sale of narcotics and sentenced to serve twenty-five years in the Illinois State Penitentiary. On an appeal alleging among other grounds that guilt had not been proven beyond a reasonable doubt, the Supreme Court of Illinois, People v. Calhoun, 22 Ill.2d 31, 174 N.E.2d 166, affirmed the conviction and the United States Supreme Court denied certiorari, 368 U.S. 935, 82 S.Ct. 373, 7 L.Ed.2d 196.

Relator then filed his petition for writ of habeas corpus in the…