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McBEE v. BOMAR

No. 14409.

296 F.2d 235 (1961)

William McBEE, Petitioner-Appellant, v. Lynn BOMAR, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 4, 1961.

Attorney(s) appearing for the Case

Edward R. Davies, Nashville, Tenn., (Elmer D. Davies; Bailey, Ewing, Davies & Bailey, Waller, Davis & Lansden, Nashville, Tenn., on the brief), for appellant.

Henry C. Foutch, Asst. State Atty. Gen. (George F. McCanless, Atty. Gen., on the brief), for appellee.

Before MARTIN, MAGRUDER and CECIL, Circuit Judges.

MAGRUDER, Circuit Judge.

The appeal in this case is from an order of the United States District Court for the Middle District of Tennessee, Nashville Division, entered on July 1, 1960, dismissing a petition for a writ of habeas corpus and remanding petitioner to the custody of respondent, the Warden of the Tennessee State Penitentiary. Since we think the district court did not give the proper weight to a constitutional right of the petitioner, we are constrained to...

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