John Omo v. Sherman H. Crouse, Warden, Kansas State Penitentiary

SETH, Circuit Judge.

This is a companion case to Brown v. Crouse, No. 9669, 10 Cir., 395 F.2d 755, and was heard with it.

The petitioner Omo filed a petition for a writ of habeas corpus with the United States District Court for the District of Kansas seeking his release from the Kansas State Penitentiary. He asserted several violations of his rights under the Constitution of the United States. These issues had been considered by the Kansas Supreme Court on appellant’s direct appeal from his conviction. State v. Omo, 199 Kan. 167, 428 P.2d 768. Petitioner urges that under Miles v. State, 195…