George Billie Smith v. Sherman H. Crouse, Warden

PER. CURIAM.

This appeal involves a habeas corpus proceeding where appellee was granted an evidentiary hearing and relief from a Kansas life sentence. The District Court found the conviction valid in the 1962 Kansas case where the life sentence was imposed. ■ However, the sentence was entered under an habitual criminal statute on proof including prior Oklahoma convictions which were found invalid. The judgment below therefore afforded the Kansas authorities an opportunity to re-sentence appellee without consideration of these prior convictions, or failing this a release.

The Kansas statute…