LOTZ v. SACKS

No. 14283.

292 F.2d 657 (1961)

Edwin LOTZ, Appellant, v. Beryle C. SACKS, Warden, Ohio Penitentiary, Appellee.

United States Court of Appeals Sixth Circuit.

July 17, 1961.


Attorney(s) appearing for the Case

James L. O'Connell, Cincinnati, Ohio, for appellant (appointed by the court).

Aubrey A. Wendt, Asst. Atty. Gen., Mark McElroy, Atty. Gen., on brief, for appellee.

Before SIMONS, Senior Judge, CECIL, Circuit Judge, and THORNTON, District Judge.


THORNTON, District Judge.

This is an appeal from an order of the District Court denying the appellant's petition for a writ of habeas corpus.

Appellant was indicted in Hamilton County, Ohio, on June 3, 1952. He was charged in count 1 with burglary (breaking and entering an inhabited dwelling during the night season with intent to commit a felony therein), in count 2 with larceny, and in count 3 with receiving and concealing stolen goods. He was arraigned on...

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