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ROSENTHALL v. HENDERSON

No. 17889.

389 F.2d 514 (1968)

Hardy ROSENTHALL, Petitioner-Appellee, v. C. Murray HENDERSON, Warden, Respondent-Appellant.

United States Court of Appeals Sixth Circuit.

February 14, 1968.

Attorney(s) appearing for the Case

David W. McMackin, Asst. Atty. Gen. of Tennessee, Nashville, Tenn., for appellant. George F. McCanless, Atty. Gen. & Reporter of Tennessee, of counsel.

Robert E. L. Sutton, Nashville, Tenn., for appellee.

Before WEICK, Chief Judge, COMBS, Circuit Judge, and CECIL, Senior Circuit Judge.

COMBS, Circuit Judge.

In this habeas corpus proceeding the district judge entered judgment directing that Hardy Rosenthall, a prisoner at the Tennessee State Penitentiary be released from custody. The warden, as representative of the State of Tennessee, has appealed.

Rosenthall was convicted in a Tennessee state court in 1964 of the offense of robbery with a deadly weapon and sentenced to ten years imprisonment. The case was taken to the Tennessee Supreme...

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