Legal Opinion

Gerberding v. Swenson

District Court, E.D. Missouri

Decided April 26, 1972No. 72 C 226(1)Published

1Opinion of the Court

MEMORANDUM

MEREDITH, District Judge.

Petitioner, presently confined in the Missouri State Penitentiary, has filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254.

In 1953, petitioner was convicted by a jury of robbery in the first degree, and sentenced to life imprisonment under the Missouri Second Offender Act applicable at that time, R.S.Mo., V.A.M.S., § 556.-280 (1949). On appeal, this conviction was affirmed by the Missouri Supreme Court. State v. Gerberding, 272 S.W.2d 230 (Mo.1954).

On February 9, 1968, petitioner filed a motion to vacate this judgment and sentence,…

2Cases cited7 opinions

  1. Sanders v. United StatesSupreme Court of the United States · 1963
  2. State v. KingSupreme Court of Missouri · 1964
  3. Gerberding v. StateSupreme Court of Missouri · 1968
  4. State v. GerberdingSupreme Court of Missouri · 1954
  5. Wilburn Jerome Gerberding v. Harold R. Swenson, WardenCourt of Appeals for the Eighth Circuit · 1970

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