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BARLET v. ALVIS

No. 13005.

244 F.2d 951 (1957)

Frank BARLET, Petitioner-Appellant, v. R. W. ALVIS, as Warden, Ohio Penitentiary, et al., Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

Rehearing Denied May 20, 1957.

Attorney(s) appearing for the Case

John Brown, Cincinnati, Ohio, for appellant.

William Saxbe, Atty. Gen., of Ohio, John W. Shoemaker and William M. Vance, Columbus, Ohio, for appellee.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

PER CURIAM.

Frank Barlet appeals from denial by the United States District Court of his petition for writ of habeas corpus. He avers that his constitutional rights had been violated in his trial in the Common Pleas Court of Hamilton County, Ohio. Among other things, he alleged gross and prejudicial conduct of the prosecuting attorney which, he said, was concurred in and condoned by the trial judge.

The United States District Court afforded him a hearing with...

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