No. 13583.

302 F.2d 537 (1962)

UNITED STATES of America ex rel. George Robert BROWN, Petitioner-Appellee, v. Ward LANE, as Warden of the Indiana State Prison, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

May 4, 1962.

Attorney(s) appearing for the Case

William D. Ruckelshaus, Asst. Atty Gen., of Indiana, Edwin K. Steers, Atty. Gen., of Indiana, Indianapolis, Ind., for appellant.

Nathan Levy, South Bend, Ind., for appellee.

Before DUFFY, KNOCH and KILEY, Circuit Judges.

DUFFY, Circuit Judge.

The matter before us is based upon a petition for a writ of habeas corpus filed by George Robert Brown, petitioner, who is under sentence of death imposed by the Lake County (Indiana) Criminal Court upon a conviction of murder in the perpetration of robbery. The District Court granted the petition and issued the writ.

After petitioner was convicted in the State court, he filed a motion for a new trial which was denied. He perfected a...

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