MARKS v. DOWD

No. 332.

46 F.Supp. 388 (1942)

MARKS v. DOWD, Warden of Indiana State Prison.

District Court, N. D. Indiana, South Bend Division.

September 8, 1942.


Attorney(s) appearing for the Case

Robert H. Moore, of Gary, Ind., Harry L. Crumpacker, of Michigan City, Ind., and Floyd O. Jellison, of South Bend, Ind., for petitioner.

George N. Beamer, Atty. Gen. of Indiana, James K. Northam, First Asst. Atty. Gen., and Norman E. Duke, Deputy Atty. Gen., for respondent.


SLICK, District Judge.

Petitioner, John R. Marks, Earl Freeman, and Frank Lung, were indicted by the Elkhart County Grand Jury, and petitioner was tried on said indictment. He was convicted, and on appeal to the Supreme Court of the State of Indiana the conviction was sustained, but the Supreme Court mandated the trial court to sentence petitioner, defendant in the State Court, on another paragraph in one count in the indictment than the one on which he claims he...

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