Kenneth E. Parker and Henry L. Emmitt v. State of Oklahoma And/or Park J. Anderson, Warden, Oklahoma State Penitentiary

Appellants, state prisoners, were convicted by a jury in the District Court of Oklahoma County, Oklahoma of the robbery with firearms of the Park Plaza Liquor Store in Oklahoma City. The conviction was affirmed by the Oklahoma Court of Criminal Appeals. Emmitt et al. v. State, 473 P.2d 290 (Okl.Cr. App.1970). They now appeal from the denial of habeas corpus relief pursuant to 28 U.S.C. § 2254.

The evidence produced at trial established that the liquor store was robbed on the evening of August 15, 1968 by two persons, one of whom displayed a blue steel automatic pistol. The robbers took several…