CECIL, Senior Circuit Judge.
This is an appeals by the state of Ohio on behalf of E. P. Perini, superintendent of Marion Correctional Institution, respondent-appellant, from an order of the United States District Court for the Northern District of Ohio granting a writ of habeas corpus to Joseph J. Riccardi, petitioner-appellee. Riccardi was convicted in the Common Pleas Court of Cuyahoga County, Ohio, in 1961, of the crime of burglary and sentenced to a term of one...
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