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DILLARD v. BOMAR

No. 15922.

342 F.2d 789 (1965)

James C. DILLARD, Petitioner-Appellant, v. Lynn BOMAR, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

March 24, 1965.

Attorney(s) appearing for the Case

James C. Dillard, in pro. per.

Ronald Jay Goodman (Court Appointed), Cincinnati, Ohio, for appellant.

Henry C. Foutch, Asst. Atty. Gen., Nashville, Tenn., George F. McCanless, Atty. Gen., Nashville, Tenn., on brief, for appellee.

Before MILLER, PHILLIPS and EDWARDS, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

Petitioner-appellant, James C. Dillard, was arrested by the Knoxville, Tennessee, police on March 22 and 24, 1960, for the crime of burglary under three state warrants issued out of the Court of General Sessions of Knox County, Tennessee. The grand jury was in session at the time.

Section 40-402, Tennessee Code, Annotated, provides for the elimination of a preliminary hearing when the grand jury for the county where...

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