HOELSCHER v. HOWARD

No. 8981.

155 F.2d 909 (1946)

HOELSCHER v. HOWARD, Warden.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 18, 1946.


Attorney(s) appearing for the Case

Oscar B. Thiel, of Gary, Ind., for appellant.

James A. Emmert, Atty. Gen., and Frank E. Coughlin and Karl J. Stipher, Asst. Attys. Gen., for appellee.

Before SPARKS and KERNER, Circuit Judges, and BRIGGLE, District Judge.


KERNER, Circuit Judge.

Appellant is a prisoner in the Indiana State Prison, serving a life sentence for murder in the first degree, pursuant to a judgment of conviction upon his plea of guilty imposed on December 20, 1943, by the Circuit Court of Allen County, Indiana. He petitioned the District Court for a writ of habeas corpus. From an order dismissing the petition, this appeal is prosecuted.

The indictment under which appellant was tried and convicted charged...

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