SWAIM, Circuit Judge.
In 1948 the plaintiff, Talbot Jennings, was arrested, tried and convicted of a felony. He was sent to the Illinois State Penitentiary. Three years later he was granted a new trial under the Illinois Post-Conviction Hearing Act, S.H.A. ch. 38, § 826 et seq., reconvicted and sent back to prison where he is now incarcerated. See Jennings v. State of Illinois,
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