Binkley v. Hunter

HUXMAN, Circuit Judge.

This is an appeal by Homer Binkley from the judgment of the trial court discharging a writ of habeas corpus and remanding him to the custody of appellee, Walter A. Hunter, Warden of the United States Penitentiary at Leavenworth, Kansas.

Appellant was tried and convicted of the aggravated offense of bank robbery, 12 U.S.C.A. §§ 588b and 588c [now 18 U.S. C.A. § 2113], The jury, in returning its verdict of guilty, made no recommendation that the death penalty be imposed. The trial court thereupon sentenced the prisoner to a life term in the penitentiary. He has served more…