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DOSTER v. BANNAN

No. 15136.

318 F.2d 453 (1963)

Bennie DOSTER, Petitioner-Appellant, v. William H. BANNAN, Warden, et al., State Prison of Southern Michigan, Ingham County Circuit Court, Louis E. Coash, Circuit Judge, Respondents-Appellees.

United States Court of Appeals Sixth Circuit.

June 15, 1963.

Attorney(s) appearing for the Case

James N. Perry (Court Appointed), Cincinnati, Ohio, for petitioner-appellant.

James R. Ramsey, Asst. Atty. Gen., Lansing, Mich., Frank J. Kelley, Atty. Gen. of Michigan, Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief, for respondent-appellee.

Before CECIL, Chief Judge, O'SULLIVAN, Circuit Judge, and PECK, District Judge.

PER CURIAM.

This appeal arises out of a criminal prosecution in the Circuit Court for the County of Ingham, Michigan, wherein the appellant, Bennie Doster, was convicted of the crime of breaking and entering Central Stores in the nighttime. On May 2, 1958, he was sentenced to the State Prison of Southern Michigan for a term of not less than ten nor more than fifteen years.

The appellant being still confined in the State Prison on April 9, 1962, petitioned...

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