Elliott Charles Ricehill v. Lou v. Brewer, Warden, Iowa State Penitentiary

ROSS, Circuit Judge.

This is an appeal from the district court’s denial of Elliott Charles Rice-hill’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The facts upon which Ricehill bases his petition are contained in State v. Ricehill, 178 N.W.2d 288 (Iowa 1970), cert. denied, 401 U.S. 942, 91 S.Ct. 945, 28 L.Ed.2d 222 (1971). In his habeas petition, Rice-hill contended that his conviction by a jury in Linn County, Iowa District Court of the murder of Mabel Bigley *538was based upon evidence obtained from him incident to an invalid arrest. He claimed that this arrest (for vagrancy)…