In the Matter of the Petition of Dale Percy for a Writ of Habeas Corpus. Dale Percy v. State of South Dakota

MATTHES, Chief Judge.

This is an appeal from an order of the United States Court for the District of South Dakota denying appellant’s petition for a writ of habeas corpus under *123328 U.S.C. § 2254. Appellant was convicted of indecent molestation of a five year old child in violation of S.D.C. 1960 Supp. § 13.1727 in the Circuit Court of Pennington County, South Dakota on January 31, 1961. Thereafter, on the basis of this conviction and his prior criminal record, he was sentenced to forty years in the state penitentiary under the state habitual criminal statute. On appeal to the South Dakota…