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UNITED STATES v. PATE

No. 15231.

354 F.2d 588 (1965)

UNITED STATES of America ex rel. Floyd C. FRIERSON, Petitioner-Appellant, v. Frank J. PATE, Warden, Illinois State Penitentiary, at Joliet, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

December 20, 1965.

Attorney(s) appearing for the Case

Howard T. Savage, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., State of Illinois, John J. O'Toole, Asst. States' Atty., Chicago, Ill., for appellee, Richard A. Michael, Asst. Atty. Gen., of counsel.

Before SCHNACKENBERG, KNOCH and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

Floyd C. Frierson, the petitioner, was convicted in the Criminal Court of Cook County, Illinois, on an indictment charging him with the unlawful possession of a narcotic drug. He was sentenced to imprisonment for a period of not less than two years nor more than six years. At his State court trial the narcotic drug, heroin, was admitted in evidence against the petitioner following a preliminary hearing by the trial court on petitioner's

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