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2 In the United States District Court for the District of Kansas: Richard Eugene Hickock and Perry Edward Smith, Petitioners vs. Sherman H. Crouse, Kansas State Penitentiary, Lansing, Kansas, Respondent 1960-1965

handle is hein.trials/advn0002 and id is 1 raw text is: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS PERRY EDWARD SMITH Petitioner ) vs. ) No.3.ZS3 _1. c. TRACY A. HAND, Warden, et al Respondents L AUG 9- 19bi RLES W.CAHIL Clerk NEMORNDl OF DECISION AND JUDG1NT The petitioner, Perry Edward Smith, now in the custody of the respondent pursuant to the judgment of a State court of Kan- sas, has submitted his application for a writ of habeas corpus. He seeks to proceed in forma pauperis under the provisions of 28 U.S.C.A. § 1915, and presents a sufficient affidavit of poverty. The letter transmitting his application, and letters from the pe- titioner subsequently mailed to a judge of this court will be treated as supplemental to the application and considered -with it. By means of one of his letters, the petitioner forwarded for attachment to his application a certified copy of the informa- tion, charging him in four counts with murder in the first degree, and a certified copy of ,the journal entry of judgment reciting his trial and conviction and the judgment and sentence of the trial court. In his application, the petitioner avers that the judgment was affirmed by the Supreme Court of Kansas on July 8, 1961. In his letter dated July 11, 1961, the petitioner states that hip motion for rehearing has been mailed to the Supreme Court of Kansas and : Since Brief of Appellants Pro-Se and Amicus Cu- riae was completely abrogated and ignored on Appeal to Sup. Crt. of Kan. It appears that further chi-

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