Morse Stanley Bradley v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas

BREITENSTEIN, Circuit Judge.

The court below denied habeas corpus relief to the appellant, a prisoner in the Kansas penitentiary. In 1951, appellant pleaded guilty to first degree burglary. The court, upon a showing of four prior felony convictions, imposed a life sentence under the Kansas Habitual Criminal Act.

In 1964, the appellant collaterally attacked this sentence in the sentencing court on the ground that the state had not given notice of its intent to proceed under the Habitual Criminal Act. The court found that the burglary conviction was valid but vacated the life sentence. The state…