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DUKE v. WINGO

No. 19174.

415 F.2d 243 (1969)

Marion Parker DUKE, Petitioner-Appellant, v. John W. WINGO, Warden, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

August 13, 1969.

Attorney(s) appearing for the Case

William K. Engeman, court appointed, Cincinnati, Ohio, for appellant.

Joseph H. Eckert, Frankfort, Ky., for appellee, John B. Breckinridge, Atty. Gen., John B. Browning, Asst. Atty. Gen., Commonwealth of Kentucky, Frankfort, Ky., on brief.

Before O'SULLIVAN, PHILLIPS and CELEBREZZE, Circuit Judges.

CELEBREZZE, Circuit Judge.

Appellant was convicted in 1954 for manslaughter and sentenced to twenty-one years imprisonment. He attempted to appeal his conviction in forma pauperis but the trial court denied him leave to so proceed. Appellant twice renewed his motion in the trial court but met with no success. The Court of Appeals of Kentucky affirmed the trial court's decision without opinion. After several abortive attempts to attack his conviction collaterally in...

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