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STATE OF MINNESOTA v. TAHASH

No. 18207.

364 F.2d 922 (1966)

STATE OF MINNESOTA ex rel. Glen R. HOLSCHER, Appellant, v. Ralph H. TAHASH, Warden, Minnesota State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

August 19, 1966.

Attorney(s) appearing for the Case

David M. Beadie, of Doherty, Rumble & Butler, St. Paul, Minn., for appellant.

Gerard W. Snell, Sol. Gen. for State of Minn., St. Paul, Minn., for appellee. Robert W. Mattson, Atty. Gen. for State of Minnesota, St. Paul, Minn., was with him on the brief.

Before JOHNSEN and BLACKMUN, Circuit Judges, and YOUNG, District Judge.

BLACKMUN, Circuit Judge.

This habeas corpus case in forma pauperis has been here before. State of Minnesota ex rel. Holscher v. Tahash, 346 F.2d 556 (8 Cir. 1965).

Glen Ray Holscher, now 32 years of age, in January 1959 was indicted by a Hennepin County, Minnesota, grand jury for the crime of murder in the first degree, as defined in Minn.Stat. § 619.07 (1957)1 (perpetration with a premeditated...

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