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SHEPHERD v. WINGO

No. 18781.

414 F.2d 274 (1969)

Everett SHEPHERD, Jr., Petitioner-Appellant, v. John W. WINGO, Warden, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

August 14, 1969.

Attorney(s) appearing for the Case

Randolph J. Stayin (Court-appointed), Cincinnati, Ohio, for appellant; Frost & Jacobs, Cincinnati, Ohio, on brief.

George F. Rabe, Frankfort, Ky., for appellee; John B. Breckinridge, Atty. Gen., H. N. McTyeire, Asst. Atty. Gen., Frankfort, Ky., on brief.

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

PER CURIAM.

Everett Shepherd, Jr., petitioner-appellant, appeals from an order of the United States District Court for the Western District of Kentucky denying his petition for a writ of habeas corpus. The appellant is serving a life sentence in the Kentucky State Penitentiary on conviction in the Butler County Circuit Court of Willful Murder. The district judge denied the petition without a hearing.

The sole question before the District Court, and likewise...

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