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UNITED STATES v. PATE

No. 16139.

393 F.2d 44 (1968)

UNITED STATES of America ex rel. Rushing GREER, Petitioner-Appellant, v. Frank J. PATE, Warden, Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 17, 1968.

Attorney(s) appearing for the Case

Errett O. Graham, Patrick J. Muldowney, Sidney Z. Karasik, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., Robert F. Nix, Asst. Atty. Gen., Chicago, Ill., for appellee; John J. O'Toole, Asst. Atty. Gen., of counsel.

Before HASTINGS, Chief Judge, KNOCH, Senior Circuit Judge, and SWYGERT, Circuit Judge.

KNOCH, Senior Circuit Judge.

The relator, Rushing Greer, was tried and convicted of murder in the Criminal Court of Cook County, Illinois. His conviction was affirmed by the Illinois Supreme Court in People v. Greer, 1964, 30 Ill.2d 415, 197 N.E.2d 22.

Relator brought habeas corpus proceedings in the United States District Court against the respondent-appellee, Frank J. Pate, Warden...

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