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BURRIS v. RYAN

No. 16439.

397 F.2d 553 (1968)

John BURRIS, Petitioner-Appellant, v. Edward RYAN, Sheriff of Sangamon County, Illinois, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

June 13, 1968.

Attorney(s) appearing for the Case

Robert Weiner, Bruce I. Gordon, Springfield, Ill., for petitioner-appellant.

Raymond L. Terrell, State's Atty., Charles H. Delano, Asst. State's Atty., Springfield, Ill., for respondent-appellee; Richard A. Hollis, First Asst. State's Atty., of counsel.

Before CASTLE, Chief Judge, and SCHNACKENBERG and FAIRCHILD, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

John Burris, petitioner, appeals from an order and judgment of the district court, denying his petition for a writ of habeas corpus.

On June 25, 1963, the grand jury of Sangamon County, Illinois, indicted Edward Miller, John Burris and Clifford Withers for the rape of a 14-year-old girl. They pleaded not guilty and were tried before a jury in an Illinois state court beginning December 9, 1963. The jury was unable to reach a verdict...

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