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UNITED STATES v. RANDOLPH

No. 12109.

259 F.2d 215 (1958)

UNITED STATES of America ex rel. Charles WESTBROOK, Petitioner-Appellee, v. Ross V. RANDOLPH, Warden of the Illinois State Penitentiary, Menard, Illinois, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 18, 1958.

Attorney(s) appearing for the Case

Latham Castle, Atty. Gen., William C. Wines, Raymond S. Sarnow, A. Zola Groves, Asst. Attys. Gen., of counsel, for appellant.

Thomas P. Sullivan, Chicago, Ill., Jerold S. Solovy, Chicago, Ill., for appellee Charles Westbrook.

Before FINNEGAN, SCHNACKENBERG and HASTINGS, Circuit Judges.

HASTINGS, Circuit Judge.

Respondent, Ross V. Randolph, Warden of the Illinois State Penitentiary, Menard, Illinois, appeals from an order of the district court discharging relator, Charles Westbrook, from custody on his petition for writ of habeas corpus.

The underlying facts as they appear from the pleadings and record and as found by the district court are not in dispute. Westbrook (petitioner-appellee) was convicted of armed robbery on April 22, 1948 by...

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