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DUPES v. JOHNSON

No. 16602.

353 F.2d 103 (1965)

Edgar DUPES, Petitioner-Appellee, v. Wilburn C. JOHNSON, Warden, Respondent-Appellant.

United States Court of Appeals Sixth Circuit.

December 3, 1965.

Attorney(s) appearing for the Case

Ed R. Davies, Special Counsel for State of Tennessee, Nashville, Tenn., Henry C. Foutch, Asst. Atty. Gen., State of Tennessee, Nashville, Tenn., on brief; George F. McCanless, Atty. Gen. and Reporter, State of Tennessee, Nashville, Tenn., of counsel, for appellant.

Robert H. Dedman, Nashville, Tenn., for appellee.

Before PHILLIPS and CELEBREZZE, Circuit Judges, and CECIL, Senior Circuit Judge.

CECIL, Senior Circuit Judge.

Edgar Dupes, petitioner-appellee herein, was convicted of first degree murder at the May 1960 term of Criminal Court of Monroe county, Tennessee, and was sentenced to fifty years' imprisonment. He was charged jointly with two other accomplices of killing one J. R. Giles, on February 6, 1960. Upon conviction the appellee was confined in the Tennessee State Penitentiary.

The appellee, after exhausting his remedies by direct appeal...

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