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STACK v. BOMAR

No. 16233.

354 F.2d 200 (1965)

George W. STACK, Petitioner-Appellant, v. Lynn BOMAR, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 30, 1965.

Attorney(s) appearing for the Case

David N. Gorman (Court appointed), Cincinnati, Ohio, for appellant.

Ed R. Davies, Special Counsel for State of Tenn., Nashville, Tenn., for appellee, Henry C. Foutch, Asst. Atty. Gen., State of Tenn., Nashville, Tenn., on the brief, George F. McCanless, Atty. Gen., State of Tenn., Nashville, Tenn., of counsel.

Before WEICK, Chief Judge, and PHILLIPS and CELEBREZZE, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

This is an appeal from the order of the district court denying appellant's application for writ of habeas corpus. Appellant was convicted in the Criminal Court of Shelby County, Tennessee, on July 18, 1962, on his plea of guilty to two indictments for burglary of a drug store, one indictment for possession of narcotics and a fourth indictment for possession of burglary tools. He was sentenced to a term of three years on each of the four...

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