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KIMBRO v. BOMAR

No. 15370.

333 F.2d 755 (1964)

Carl KIMBRO, Plaintiff-Appellant, v. Lynn BOMAR, Warden, Tennessee State Penitentiary, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 30, 1964.

Attorney(s) appearing for the Case

Richard J. Valleau, Cincinnati, Ohio (Court appointed), for appellant.

Henry C. Foutch, Asst. Atty. Gen., Nashville, Tenn. (George F. McCanless, Atty. Gen. and Reporter of Tennessee, of counsel), for appellee.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.

O'SULLIVAN, Circuit Judge.

This is an appeal by Carl Kimbro from an order of the United States District Court for the Middle District of Tennessee, Nashville Division, denying his petition for a writ of habeas corpus. Kimbro is imprisoned in the Tennessee State Penitentiary, having been convicted in the Shelby County, Tennessee, Criminal Court of murder in the first degree while in the perpetration of a robbery. The jury which convicted him fixed the punishment at...

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