Court of Appeals for the Eighth Circuit July 17, 1970, 19898 (Marden A. Mayes v. Maurice H. Sigler, Warden, Etc.)

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VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by Marden A. Mayes, hereinafter for convenience called defendant, from final order denying habeas corpus relief from defendant’s state conviction and resulting sentence of imprisonment. The appeal is in forma pauperis; certificate of probable cause was issued by the trial court. The defendant is represented by court-appointed counsel.