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SPIRES v. DOWD

No. 12677.

271 F.2d 659 (1959)

Marvin SPIRES, Petitioner-Appellant, v. Alfred F. DOWD, Warden of the Indiana State Prison, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

November 12, 1959.

Attorney(s) appearing for the Case

J. Frederick Hoffman, Lafayette, Ind., for appellant.

John A. Pushor, Deputy Atty. Gen., of Indiana, Edwin K. Steers, Atty. Gen., of Indiana, Owen S. Boling, Asst. Atty. Gen., of Indiana, for appellee.

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

SCHNACKENBERG, Circuit Judge.

Marvin Spires appeals from an order of the district court sustaining a motion to dismiss his petition for a writ of habeas corpus, directed against Alfred F. Dowd, warden of the Indiana state prison, in which petitioner is confined.

We now set forth the relevant facts found in the petition for habeas corpus.

Petitioner was charged by affidavit, filed October 12, 1946, No. 7641, in the circuit court of Clark county, Indiana...

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