DUKE v. WINGO

No. 17528.

386 F.2d 304 (1967)

Marion Parker DUKE, Petitioner-Appellant, v. John W. WINGO, Warden, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 11, 1967.


Attorney(s) appearing for the Case

William K. Engeman, Cincinnati, Ohio, for appellant.

John B. Browning, Asst. Atty. Gen., Frankfort, Ky., for appellee, Robert Matthews, Atty. Gen., Frankfort, Ky., on brief.

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


PHILLIPS, Circuit Judge.

This is a habeas corpus case filed by appellant, who is imprisoned in the State penitentiary at Eddyville, Kentucky, under a twenty-one year sentence for voluntary manslaughter rendered on January 22, 1954. The constitutional deprivation claimed on this appeal is that after his conviction in the State Circuit Court, appellant as an indigent was denied leave to appeal to the Court of Appeals of Kentucky in forma pauperis and was refused a transcript...

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