Fred Andrew Johnson v. Lou v. Brewer, Warden, Fort Madison Penitentiary

TALBOT SMITH, Senior District Judge.

The petitioner before us was convicted in the Iowa District Court for Black Hawk County of possession of heroin with intent to deliver.1 His conviction was affirmed by the Supreme Court of Iowa.2 Petitioner (hereafter defendant) subsequently brought a petition for writ of habeas corpus,3 denied by the District Court, Northern Division of Iowa, from which denial appeal is taken to this court.

The sole witness to the alleged crime was one Roosevelt Nabors, a/k/a Alvin Banks. Nabors testified that he arranged for, and then witnessed, a sale between defendant…