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DAVIS v. BURKE

No. 16728.

408 F.2d 779 (1969)

McKenzie DAVIS, Petitioner-Appellant, v. John C. BURKE, Warden, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 2, 1969.

Attorney(s) appearing for the Case

Thomas W. O'Brien, Milwaukee, Wis., for petitioner-appellant; Brady, Tyrrell, Cotter & Cutler, Milwaukee, Wis., of counsel.

Bronson C. LaFollette, Atty. Gen., William A. Platz, Sverre O. Tinglum, Madison, Wis., for respondent-appellee.

Before CASTLE, Chief Judge, KNOCH, Senior Circuit Judge, and KERNER, Circuit Judge.

KNOCH, Senior Circuit Judge.

The petitioner-appellant, McKenzie Davis, has appealed to this Court from denial of his petition filed in forma pauperis in the United States District Court seeking writ of habeas corpus, naming as respondent John C. Burke, Warden of the Wisconsin State Prison, respondent-appellee in this appeal.

The petitioner was convicted in June 1965 in the Municipal Court for Milwaukee County, Wisconsin, on a charge of first degree murder...

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