UNITED STATES EX REL. LEMON v. PATE

No. 17933.

427 F.2d 1010 (1970)

UNITED STATES of America ex rel. Thomas LEMON, Petitioner-Appellant, v. Frank PATE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

June 26, 1970.


Attorney(s) appearing for the Case

James Haddad, Chicago, Ill., for appellant.

Thomas J. Immel, Asst. Atty. Gen., Warren K. Smoot, William J. Scott, Atty. Gen. of State of Illinois, Chicago, Ill., Joel M. Flaum, Asst. Atty. Gen., of counsel, for appellee.

Before MAJOR and HASTINGS, Senior Circuit Judges, and CUMMINGS, Circuit Judge.


MAJOR, Senior Circuit Judge.

Thomas Lemon (petitioner) was charged by indictment in the State Court with the sale of a narcotic drug in violation of the Illinois statutes. He was represented by court-appointed counsel (the Public Defender of Cook County), waived trial by jury and, after trial, was found guilty by the court and sentenced to the Illinois penitentiary for a minimum of ten and a maximum of twelve years (ten years was the minimum mandatory sentence in...

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