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LUNCE v. DOWD

No. 12384.

261 F.2d 351 (1958)

Charles H. LUNCE and John R. Reynolds, Petitioners-Appellees, v. Alfred F. DOWD, Warden of the Indiana State Prison, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

December 3, 1958.

Attorney(s) appearing for the Case

Robert M. O'Mahoney, Deputy Atty. Gen., Edwin K. Steers, Atty. Gen., John A. Pushor, Whiteland, Ind., for appellant.

Robert S. Baker, Indianapolis, Ind., Thomas A. Hoadley, Deputy Public Defender, Bloomington, Ind., for appellees.

Before DUFFY, Chief Judge, and HASTINGS and KNOCH, Circuit Judges.

HASTINGS, Circuit Judge.

This appeal is from an order of the district court granting a petition for a writ of habeas corpus and discharging two prisoners from the custody of the Warden of the Indiana State Prison following a hearing pursuant to the remand of this court in Lunce v. Overlade, 7 Cir., 1957, 244 F.2d 108.

On November 17, 1952, after a jury trial in the Circuit Court of Ripley County, Indiana, petitioners-appellees...

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