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DYE v. MAXWELL

No. 15569.

334 F.2d 237 (1964)

Clarence DYE, Petitioner, v. E. L. MAXWELL, Warden, Respondent.

United States Court of Appeals Sixth Circuit.

June 5, 1964.

Attorney(s) appearing for the Case

James O. Bradley, and Joseph C. Kammer, Cincinnati, Ohio (James O. Bradley, Cincinnati, Ohio, on the brief), for appellant.

John Cianflona, Columbus, Ohio (William B. Saxbe, Atty. Gen., John Cianflona, Asst. Atty. Gen., Columbus, Ohio, on the brief), for appellee.

Before MILLER, CECIL and O'SULLIVAN, Circuit Judges.

ORDER.

Following an armed robbery in Akron, Ohio, on July 29, 1946, the petitioner, Clarence Dye, was indicted on January 20, 1947, but was not apprehended until some nine years later in Wisconsin. Following extradition he was tried and convicted of the offense of armed robbery by a jury on April 25, 1956, in the Court of Common Pleas of Summit County, Ohio. The evidence against him was entirely circumstantial. No witness testified that he was present at the robbery...

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