Lester W. Bussey v. E. L. Maxwell, Warden, Ohio Penitentiary

Petitioner-appellant was convicted by a jury on March 8, 1950, in the Court of Common Pleas in and for Summit County, Ohio, of the offense of unarmed robbery, and is presently serving his sentence in the Ohio State Penitentiary.

The petition for writ of habeas corpus was denied by the District Court for the Southern District of Ohio, Eastern Division, on the ground that none of the appellant’s federal constitutional rights had been violated. The District Court further considered and determined that under the criteria pronounced in Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, an evidentiary…