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UNITED STATES EX REL. DYTON v. ELLINGSWORTH

No. 111.

306 F.Supp. 231 (1969)

UNITED STATES of America ex rel. Kenneth G. DYTON, Petitioner, v. John C. ELLINGSWORTH, Warden, Sussex Correctional Institution, Respondent.

United States District Court D. Delaware.

October 29, 1969.

Attorney(s) appearing for the Case

Stanley C. Lowicki, Wilmington, Del., for petitioner.

John P. Daley, Deputy Atty. Gen., Wilmington, Del., for respondent.

OPINION

LATCHUM, District Judge.

Kenneth G. Dyton, petitioner in this habeas corpus proceeding, was tried on April 1, 1968 in the Superior Court of the State of Delaware in and for New Castle County, and convicted by the Court sitting without a jury for the illegal possession of a hypodermic needle and a narcotic drug. He was sentenced on May 16, 1968 to serve a three year term of imprisonment on the first charge and a ten year term of imprisonment and fined...

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