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UNITED STATES v. RAGEN

No. 11872.

241 F.2d 318 (1957)

UNITED STATES of America, ex rel. Everett James PECKHAM, Plaintiff-Appellant, v. Joseph E. RAGEN, Warden of the Illinois State Penitentiary at Joliet, Illinois, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 20, 1957.

Attorney(s) appearing for the Case

Ernst Liebman, Chicago, Ill., for appellant.

Latham Castle, Atty. Gen. of the State of Illinois, William C. Wines, Asst. Atty. Gen., Francis X. Riley, Chicago, Ill., Raymond S. Sarnow, A. Zola Groves, Edward M. White, Asst. Attys. Gen., of counsel, for appellee.

Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.

MAJOR, Circuit Judge.

Relator, on January 15, 1953, was convicted in the Criminal Court of Cook County, Illinois, of the crime of robbery and as a result of such conviction is now confined in the Illinois penitentiary. The instant proceeding was instituted by the filing of a petition for writ of habeas corpus which was dismissed by order of the District Court entered June 4, 1956. The court filed a memorandum opinion showing that the dismissal was because of a failure...

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