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UNITED STATES v. SAIN

No. 12759.

276 F.2d 324 (1960)

UNITED STATES of America ex rel. Charles TOWNSEND, Petitioner-Appellant, v. Frank G. SAIN, sheriff of Cook county, Illinois, and Jack Johnson, warden of the Cook county jail, Respondents-Appellees.

United States Court of Appeals Seventh Circuit.

April 7, 1960.

Attorney(s) appearing for the Case

George N. Leighton, Chicago, Ill., for appellant.

Francis X. Riley, Asst. State's Atty., Chicago Ill., Benjamin S. Adamowski, State's Atty., Cook County, Ill., Chicago, Ill., for appellees.

Before HASTINGS, Chief Judge, SCHNACKENBERG, Circuit Judge, and GRUBB, District Judge.

SCHNACKENBERG, Circuit Judge.

On December 12, 1958, Charles Townsend filed a petition for habeas corpus in the district court, naming Frank G. Sain, sheriff of Cook county, Illinois, and Jack Johnson, warden of Cook county jail, as respondents. Petitioner was at that time awaiting execution in said jail, pursuant to a judgment of the criminal court of said county, convicting him of murder. The conviction had been affirmed by the Illinois Supreme Court, People v. Townsend...

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