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SMITH v. LANE

Nos. 17208, 17209.

426 F.2d 767 (1970)

Forrest Eugene SMITH, Petitioner-Appellant, v. Ward LANE, Warden, etc., Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 22, 1970.

Attorney(s) appearing for the Case

Michael R. Maine, Indianapolis, Ind., for petitioner-appellant.

Theodore L. Sendak, Atty. Gen., William F. Thompson, Indianapolis, Ind., for respondent-appellee.

Before KILEY and FAIRCHILD, Circuit Judges, and WISE, District Judge.

FAIRCHILD, Circuit Judge.

Petitioner Smith is imprisoned under a life sentence imposed in 1948 by an Indiana court. He was then convicted of theft of a vehicle, and the sentence imposed for the specific offense has expired. He was also sentenced to life imprisonment under Indiana's habitual criminal statute2 by reason of the fact that before the 1948 conviction he had twice (in 1942 and 1945) been convicted of felony.

In February...

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