UNITED STATES v. LANE

No. 14871.

345 F.2d 357 (1965)

UNITED STATES of America ex rel. Kenneth ROGERS, Petitioner-Appellee, v. Ward LANE, as warden of the Indiana State Prison, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

May 5, 1965.


Attorney(s) appearing for the Case

John J. Dillon, Atty. Gen., Edwin K. Steers, formerly Atty. Gen. of Indiana, Carl E. Van Dorn, Asst. Atty. Gen., Indianapolis, Ind., for appellant.

David J. Halperin, Chicago, Ill., Thomas Broden, Jr., Notre Dame, Ind., for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KILEY, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

Ward Lane, warden of the Indiana State Prison, respondent, appeals from an order of the district court which granted a petition of Kenneth Rogers, petitioner, for a writ of habeas corpus and discharged him from the custody of respondent. But the district court also ordered that petitioner be detained in the custody of respondent pending this appeal.

In 1946 petitioner was charged in an Indiana state court in a three-count affidavit...

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