UNITED STATES v. PATE

No. 17644.

427 F.2d 930 (1970)

UNITED STATES of America ex rel. Charles MUSIL, Petitioner-Appellee, v. Frank J. PATE, Warden, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

June 10, 1970.


Attorney(s) appearing for the Case

Thomas I. Immel, Asst. Atty. Gen., William J. Scott, Atty. Gen. of Illinois, Chicago, Ill., for respondent-appellant; Joel M. Flaum, Asst. Atty. Gen., of counsel.

Kalvin M. Grove, Chicago, Ill., for petitioner-appellee.

Before KILEY, FAIRCHILD and CUMMINGS, Circuit Judges.


FAIRCHILD, Circuit Judge.

Charles Musil is imprisoned under sentence imposed in 1960 by an Illinois court upon conviction of murder. He challenges the use at his trial of his testimony given at a coroner's inquest, where he was not represented by counsel. The district court found that the inquest was a critical stage of the criminal proceeding at which Musil was entitled to assistance of counsel.1 The court held that the conviction must...

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