Dominic Colosimo v. E. P. Perini, Superintendent, Marion Correctional Institution

O’SULLIVAN, Circuit Judge:

This is an appeal from District Court denial of appellant’s petition for habeas corpus relief. Petitioner had been convicted in an Ohio state court of possession of burglar, tools and breaking and entering automobiles in the parking lot of the Cleveland, Ohio, airport. He claims to have been unconstitutionally dealt with by the State of Ohio.

Petitioner says first that he was prejudiced when, to support his prosecu tion as a second offender, the prosecuting attorney brought his earlier conviction of crime to the attention of the jury. In Spencer v. Texas, 385 U.S.…