POSEY v. OVERLADE

Civ. No. 2091.

145 F.Supp. 772 (1956)

Winston POSEY v. J. Ellis OVERLADE, Warden, Indiana State Prison.

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

November 15, 1956.


Attorney(s) appearing for the Case

Robert S. Baker, Deputy Public Defender, Rushville, Ind., for petitioner.

Robert O'Mahoney, Deputy Atty. Gen., for respondent.


PARKINSON, District Judge.

This is a habeas corpus proceeding wherein writ was issued, return and answer filed by the respondent, and the cause tried to the court.

As the findings of fact and conclusions of law will appear in this opinion, it will be filed and will so serve.

Although there is a serious question as to whether the petitioner has sustained the burden of proving he was denied counsel when he entered his plea

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