Frank Luther Evans v. Henry E. Cowan, Warden, Kentucky State Prison

PECK, Circuit Judge.

Petitioner-appellant perfected this appeal from the denial of his petition for a writ of habeas corpus directed to his conviction at jury trial under a two-count indictment charging him with armed robbery and with being a habitual criminal. For the reasons hereinafter appearing, the judgment of the district court is reversed.

Appellant was indicted under Kentucky law for armed robbery 1 and for being a habitual criminal 2 because of four prior felony convictions (consisting of nine separate counts). Prior to trial, appellant moved that there be a bifurcated trial with the…