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UNITED STATES v. PATE

No. 14570.

342 F.2d 646 (1965)

UNITED STATES ex rel. Lloyd Eldon MILLER, Jr., Petitioner-Appellee, v. Frank J. PATE, Warden of the Illinois State Penitentiary, Joliet, Illinois, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 9, 1965.

Attorney(s) appearing for the Case

William G. Clark, Atty. Gen., Edward A. Berman, Asst. Atty. Gen., Chicago, Ill., Richard A. Michael, Asst. Atty. Gen., of counsel, for respondent-appellant.

Willard J. Lassers, Seymour Bucholz, George Pontikes, George N. Leighton, Edwin H. Conger, Chicago, Ill., Arthur G. Greenberg, Peoria, Ill., for appellee.

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

SCHNACKENBERG, Circuit Judge.

Frank J. Pate, warden of the Illinois State Penitentiary, has by this appeal brought before us another phase of the litigation which grew out of the death sentence imposed in 1956 by the Circuit Court of Hancock County, Illinois,1 on Lloyd Eldon Miller, Jr., petitioner herein, for the murder of Janice May, an eight-year-old girl, at Canton, Illinois.

On August 20, 1963, the governor of Illinois denied...

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