Jack Virgil Caffey v. Harold R. Swenson, Warden, Missouri State Penitentiary, Jefferson City, Missouri

This appeal is taken from an order, 318 F.Supp. 704, of the United States District Court for the Western District of Missouri denying appellant’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. A certificate of probable cause to appeal was granted by the district court.

Appellant was found guilty by a jury in the Circuit Court of Greene County, Missouri, of possession of burglary tools. Section 560.115 RSMo 1959, V.A.M.S. Upon a finding of a prior felony conviction by the court, appellant was sentenced to 3 years in the custody of the Department of Corrections. Sections 560.115,…