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WILSON v. WIMAN

No. 17539.

386 F.2d 968 (1967)

Francis WILSON, Petitioner-Appellant, v. Martin J. WIMAN, Superintendent, Kentucky State Reformatory, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 11, 1967.

Attorney(s) appearing for the Case

J. David Francis, and John David Cole, Bowling Green, Ky., for appellant.

Charles W. Runyan, Asst. Atty. Gen., Frankfort, Ky., for appellee, Robert Matthews, Atty. Gen., Frankfort, Ky., on brief.

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

CELEBREZZE, Circuit Judge.

In 1964 the Petitioner was convicted in the Monroe Circuit Court of storehouse breaking and, as a third offender, was sentenced to life imprisonment as authorized under Kentucky's Habitual Criminal Act, K.R.S. § 413.190. He perfected an appeal to the highest court of Kentucky, Wilson v. Commonwealth, 403 S.W.2d 705 (Ky.1966), and after affirmance of his conviction, he exhausted the available state...

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