Buddy Joe Delano v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas,appellee

SETH, Circuit Judge.

Appellant is confined in the Kansas State Penitentiary under a thirty-five year sentence upon a conviction in 1960 by a jury for murder in the second degree. His conviction in the District Court of Barber County, Kansas, was affirmed by the Supreme Court of Kansas in State v. Delano, 188 Kan. 687, 366 P.2d 294.

Appellant filed a petition for a writ of habeas corpus in the United States District Court for the District of Kansas. He asserted that his rights under the United States Constitution were violated by reason of the fact that he was held forty-nine days without being…