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LOVELL v. HENDERSON

No. 17484.

386 F.2d 257 (1967)

James W. LOVELL, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Tennessee State Penitentiary et al., Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 9, 1967.

Attorney(s) appearing for the Case

John F. Dugger, Morristown, Tenn., for appellant.

David W. McMackin, Asst. Atty. Gen., State of Tennessee, Nashville, Tenn., Henry C. Foutch, Asst. Atty. Gen., State of Tennessee, Nashville, Tenn., on brief, George F. McCanless, Atty. Gen., and Reporter, State of Tennessee, of counsel, for appellee.

Before PHILLIPS, EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

Appellant appeals from a United States District Judge's denial of a writ of habeas corpus after his conviction on a charge of armed robbery in Tennessee. He was sentenced to 15 years in the penitentiary. His conviction had previously been affirmed by the Tennessee Supreme Court and certiorari had been denied by the United States Supreme Court.

The only issue presented is the claimed illegality of appellant's arrest and hence the illegality...

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