POWELL v. SACKS

No. 14747.

303 F.2d 808 (1962)

Denver POWELL, Petitioner-Appellant, v. Beryle C. SACKS, Warden, Ohio State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

June 15, 1962.


Attorney(s) appearing for the Case

William Allen Ogden (Court Appointed), Cincinnati, Ohio, for petitioner-appellant.

John J. Connors, Jr., Asst. Atty. Gen., Columbus, Ohio, Mark McElroy, Atty. Gen., Columbus, Ohio, on brief, for respondent-appellee.

Before MILLER, Chief Judge, and McALLISTER and O'SULLIVAN, Circuit Judges.


SHACKELFORD MILLER, JR., Chief Judge.

The present appeal involves the following background of proceedings which it is necessary to have in mind in order to properly consider the unusual question now presented to us.

Petitioner was tried and convicted of murder in the state court of Ohio on March 22, 1957. His motion for a new trial was overruled and on April 2, 1957, he received a sentence of life imprisonment. The Court of Appeals of Ohio, 148 N.E.2d 230...

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