Jack Fairbanks v. Henry E. Cowan, Superintendent, Kentucky State Penitentiary

WEICK, Circuit Judge.

Fairbanks has appealed to this Court from an order of the District Court denying his application for a writ of habeas corpus. He had been convicted by a jury in the Circuit Court of McCracken County, Kentucky of the offense of sodomy (Ky.Rev. Stat. § 436.050) with Charles Crittendon. He was sentenced to two years imprisonment. He was defended by counsel from the Public Defenders office. He appealed to the Court of Appeals of Kentucky (now the Supreme Court), and his conviction was affirmed in a Memorandum Per Curiam opinion.

*98The recipient or victim of the sodomy, Charles…