UNITED STATES v. PATE

No. 14203.

324 F.2d 934 (1963)

UNITED STATES of America ex rel. William J. STACEY, Petitioner-Appellant, v. Frank J. PATE, Warden, Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

November 21, 1963.


Attorney(s) appearing for the Case

James J. Doherty, Asst. Public Defender, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., William C. Wines, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee; Raymond S. Sarnow, Asst. Atty. Gen., of counsel.

Before DUFFY, KNOCH and SWYGERT, Circuit Judges.


SWYGERT, Circuit Judge.

Petitioner was convicted of murder in the state court and sentenced to imprisonment. After exhausting state remedies, he petitioned the district court to issue a writ of habeas corpus. The court dismissed the petition and this appeal followed.

Since the facts are stated in People v. Stacey, 25 Ill.2d 258, 184 N.E.2d 866 (1962), we shall only summarize them.

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