Oscar J. Case v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas

HILL, Circuit Judge.

Appellant appeals from an order denying habeas corpus relief without an evi-dentiary hearing.

Case is a state prisoner presently serving several sentences imposed upon him in the state court, all after pleas of guilty. On May 24, 1963, he entered a plea of guilty in the District Court of Mitchell County, Kansas, for the crime of second degree forgery and, at that time, made an oral application for probation. The sentencing judge, pursuant to a Kansa§ statute, 1 2 deferred sentencing in the ease and referred the defendant to the Kansas Reception and Diagnostic Center for…