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HORSLEY v. ALVIS

No. 13951.

281 F.2d 440 (1960)

D. W. HORSLEY, Jr., Appellant, v. R. W. ALVIS, Warden, Ohio State Penitentiary, Appellee.

United States Court of Appeals Sixth Circuit.

July 29, 1960.

Attorney(s) appearing for the Case

David N. Gorman, Cincinnati, Ohio (court appointed), D. W. Horsley, Jr., in pro. per., on the brief, for appellant.

Aubrey Wendt, Asst. Atty. Gen. (Mark McElroy, Atty. Gen., and William M. Vance, Asst. Atty. Gen., on the brief), for appellee.

Before WEICK, Circuit Judge, THORNTON and KENT, District Judges.

KENT, District Judge.

This is an appeal from the denial of a Writ of Habeas Corpus, the District Judge having granted a certificate of probable cause.

On June 7, 1939, the Grand Jury of Brown County, Ohio, returned an indictment against the appellant, as follows:

"* * * D. W. Horsley, Jr. on the 18th day of March, 1939, at the County of Brown and State of Ohio aforesaid, did then and there maliciously and forcibly break and enter the dwelling house...

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