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MacKENNA v. ELLIS

No. 18110.

280 F.2d 592 (1960)

Edward Morgan MacKENNA, Appellant, v. O. B. ELLIS, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

June 22, 1960.

Attorney(s) appearing for the Case

Martin L. C. Feldman, New Orleans, La., Edward Morgan MacKenna, in pro. per., Huntsville, Tex., for appellant.

John L. Estes, Linward Shivers, Tom I. McFarling, Asst. Attys. Gen. of Texas, Will Wilson, Atty. Gen. of Texas, B. H. Timmins, Jr., Asst. Atty. Gen. of Texas, for appellee.

Before RIVES, Chief Judge, and CAMERON and WISDOM, Circuit Judges.

WISDOM, Circuit Judge:

This case is before us for the second time on an appeal from a denial of the writ of habeas corpus. See MacKenna v. Ellis, 5 Cir., 1959, 263 F.2d 35.

Edward MacKenna was sentenced to eight years' imprisonment for the theft of a camera valued at $250. Since March 12, 1956, he has been confined in the Dallas County Jail and in the Texas Penitentiary.

MacKenna is an educated man, a graduate of Northwestern...

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