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MONTS v. HENDERSON

No. 18529.

409 F.2d 17 (1969)

Henry Clay MONTS, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

April 7, 1969.

Attorney(s) appearing for the Case

Henry Clay Monts, in pro. per.

David W. McMackin, Asst. Atty. Gen. State of Tennessee, James C. Dale, III, Sp. Counsel State of Tennessee, Nashville, Tenn., George F. McCanless, Atty. Gen., of counsel, for appellee.

Before EDWARDS and CELEBREZZE, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

This is an appeal by Henry Clay Monts, petitioner-appellant, from an order of the United States District Court for the Middle District of Tennessee denying his petition for a writ of habeas corpus. Monts was convicted with Johnnie West on a charge of first degree murder in the perpetration of a burglary for the killing of police officer, Frank Bruno. The history of the case is stated in our opinion in West v. Henderson, Warden, 6 Cir.,

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