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HARKINS v. PERINI

No. 19021.

419 F.2d 468 (1969)

Walter D. HARKINS, Petitioner-Appellee, v. E. P. PERINI, Superintendent, Marion Correctional Institution, Respondent-Appellant.

United States Court of Appeals Sixth Circuit.

December 23, 1969.

Attorney(s) appearing for the Case

Leo J. Conway, Atty. Gen. of Ohio, Columbus, Ohio, for respondent-appellant; William B. Saxbe, Atty. Gen. of Ohio, Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, on brief.

Gerald B. Lackey, Toledo, Ohio, on brief for petitioner-appellee.

Before O'SULLIVAN, EDWARDS and COMBS, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Appellant Perini, Superintendent of the Ohio Correctional Institution, appeals from an order of the United States District Court for the Northern District of Ohio granting a writ of habeas corpus to appellee, Walter D. Harkins. Harkins was, on October 9, 1962, convicted in the Common Pleas Court of Lucas County, Ohio, of unlawful possession of marijuana in violation of an Ohio statute. His conviction has been affirmed and he has been denied...

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