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SIMMONS v. BOMAR

No. 16164.

349 F.2d 365 (1965)

Kenneth B. SIMMONS, Petitioner-Appellant, v. Lynn BOMAR, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

August 9, 1965.

Attorney(s) appearing for the Case

John P. Kiely, Cincinnati, Ohio, for appellant.

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

Before CECIL, PHILLIPS and EDWARDS, Circuit Judges.

PER CURIAM.

Petitioner-appellant is serving a sentence in the Tennessee State Penitentiary under a conviction for six separate offenses of burglary in the third degree. This appeal is from the judgment of the district court denying his application for writ of habeas corpus.

The facts are set forth in detail in the opinion of the Supreme Court of Tennessee, Simmons v. State of Tennessee, 210 Tenn. 443,

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