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UNITED STATES EX REL. STERLING v. PATE

No. 16749.

403 F.2d 425 (1968)

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

United States Court of Appeals Seventh Circuit.

November 21, 1968.

Attorney(s) appearing for the Case

William G. Clark, Atty. Gen., of Illinois, A. Zola Groves, Asst. Atty. Gen., Chicago, Ill., for respondent-appellant; John J. O'Toole, Asst. Atty. Gen., of counsel.

Joseph E. McHugh, Chicago, Ill., for petitioner-appellee.

Before CASTLE, Chief Judge, and KILEY and SWYGERT, Circuit Judges.

CASTLE, Chief Judge.

The respondent-appellant, Frank J. Pate, Warden, Illinois State Penitentiary, prosecutes this appeal from the December 20, 1967, order of the District Court granting the petition of Rex Sterling, petitioner-appellee, for a writ of habeas corpus, and ordering the petitioner discharged.

The petitioner was convicted on November 23, 1931, in the Circuit Court of Montgomery County, Illinois, on his plea of guilty to burglary and larceny. He...

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