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SMARTT v. BOMAR

No. 15832.

340 F.2d 593 (1965)

Roy Lee SMARTT, Petitioner-Appellant, v. Lynn BOMAR, Warden, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

January 26, 1965.

Attorney(s) appearing for the Case

Robert L. Seaver, Cincinnati, Ohio (court appointed), Taft, Stettinius & Hollister, Cincinnati, Ohio, on the brief), for appellant.

Henry C. Foutch, Asst. Atty. Gen., Nashville, Tenn. (George F. McCanless, Atty. Gen., State of Tennessee, Nashville, Tenn., of counsel), for appellee.

Before MILLER, O'SULLIVAN and PHILLIPS, Circuit Judges.

PER CURIAM.

Petitioner-appellant, Roy Lee Smartt, is a prisoner of the State of Tennessee. He is confined under a fifteen year sentence which followed his conviction by a jury of robbery with a deadly weapon. In his trial in the Criminal Court of Shelby County, he was represented by privately employed counsel. Smartt is also serving a five year concurrent sentence imposed following his plea of guilty to a separate offense of robbery with a deadly weapon. He appeals...

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