Price

This is an appeal from an order dismissing appellant’s petition for a writ of habeas corpus. This is the fourth such petition filed by appellant. The hearing below was had pursuant to the mandate of the Supreme Court in Price v. Johnston, 334 U.S. 266, 293, 294 , 68 S.Ct. 1049 , 92 L.Ed. 1356 . Appellant, in 1938, in the District Court for the Eastern District of Michigan, was convicted of bank robbery and kidnapping and sentenced to 65 years. For a history of appellant’s prior attempts to secure his release, see Price v. Johnston, supra, 334 U.S. pages 269-278, 68 S.Ct. pages 1052, 1056.

Appellant alleged two grounds for the granting of his petition. The court below made findings of fact and conclusions of law after hearing much testimony on the issues presented by appellant and ordered that the petition be dismissed.

Appellant first contends that the government knowingly used perjured testimony in order to procure his conviction in that the principal witness for the government, one Donner, changed his testimony in a material respect after a conference with Mr. John Babcock, Assistant United States Attorney, who was prosecuting the case for the government. Mr. Donner was the…