Vincent Garza v. Warden Charles L. Wolff, Nebraska State Penitentiary

MR. JUSTICE CLARK:

This is an appeal from a denial of the habeas corpus application brought by Vincent Garza, appellant, attacking his jury conviction for forcible rape. State v. Garza, 187 Neb. 407, 191 N.W.2d 454 (1971). He is now serving a twenty to thirty-five year sentence in the Nebraska Penal Complex and has exhausted his state post-conviction remedies. State v. Garza, 191 Neb. 118, 214 N.W.2d 30 (1974).

The United States District Court, upon conclusion of a habeas corpus hearing, made the following findings:

The evidence adduced at trial showed that the prosecutrix left a party with her…