James Rufus Payne v. Elbert v. Nash, Warden, Missouri State Penitentiary

RIDGE, Circuit Judge:

Appellant’s petition for writ of habeas corpus having been denied as to a claim of ex post facto application of Missouri’s Habitual Criminal Act, 1 in relation to a sentence imposed for manslaughter 2 which appellant is now serving in the Missouri State Penitentiary, we granted leave to perfect appeal in forma pauperis to settle the record as to an issue of law that recurringly could be presented to the District Court and this Court.

There is no dispute as to the facts in this appeal. Appellant’s conviction and sentence under Missouri’s recidivist statute (hereinafter…