MYERS v. FRYE

No. 16289.

401 F.2d 18 (1968)

John Edwin MYERS, Plaintiff-Appellant, v. May FRYE, Warden of Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

July 12, 1968.


Attorney(s) appearing for the Case

Joseph Cohn, East St. Louis, Ill., for plaintiff-appellant.

William G. Clark, Atty. Gen., Phillip J. Rock, Asst. Atty. Gen., Chicago, Ill., John M. Karns, State's Atty., St. Clair County, Belleville, Ill., for respondent-appellee; John J. O'Toole, Asst. Atty. Gen., of counsel.

Before KNOCH, Senior Circuit Judge, and KILEY and CUMMINGS, Circuit Judges.


KILEY, Circuit Judge.

This is an appeal from the district court's dismissal of a habeas corpus petition filed by John Edwin Myers, who was sentenced to death for murder in April, 1964, after a jury trial in an Illinois court. We retain jurisdiction, and remand for a limited hearing.

Myers and a thirteen year old girl companion were arrested in Texas on September 2, 1961, at about 2:00 a. m. and were charged with kidnapping. During the evening of September...

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