Legal Opinion

John Edwin Byers v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, Kansas

Court of Appeals for the Tenth Circuit

Decided December 11, 1964No. 7788PublishedCited by 8 opinions

1Opinion of the Court

HILL, Circuit Judge.

This appeal is from an order of the court below denying, after a hearing, appellant’s petition for a writ of habeas corpus.

Appellant, Byers, was charged, tried and convicted by a jury in the District Court of Neosho County, Kansas, on three counts of grand larceny, in violation of Kan.G.S.1949, 21-533. At the trial Byers was represented by retained counsel and, after the jury rendered its verdict, the state notified him in open court that on the matter of sentencing it intended to invoke the Habitual Criminal Act of Kansas, G.S.1949, 21-107a. A hearing was held the…

2Cases cited17 opinions

  1. Graham v. West VirginiaSupreme Court of the United States · 1912
  2. McDonald v. MassachusettsSupreme Court of the United States · 1901
  3. Moore v. MissouriSupreme Court of the United States · 1895
  4. Odell v. HudspethCourt of Appeals for the Tenth Circuit · 1951
  5. Levell v. SimpsonSupreme Court of Kansas · 1935

12 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Archie W. Willeford v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
  2. Robert Sherman Oswald v. Sherman H. Crouse, Warden, Kansas State PenitentiaryCourt of Appeals for the Tenth Circuit · 1969
  3. State v. DavisMissouri Court of Appeals · 1983
  4. Brown v. ParrattDistrict Court, D. Nebraska · 1976
  5. Velarde v. ZavarasSupreme Court of Colorado · 1998

3 more not listed; retrieve them via the Exa API.

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