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UNITED STATES EX REL. MOORE v. WOODS

No. 17157.

420 F.2d 1260 (1970)

UNITED STATES of America ex rel. Lyman Austin MOORE, Petitioner-Appellant, v. Joseph WOODS, Sheriff of Cook County, and Jack Johnson, Warden, Cook County, Respondents-Appellees.

United States Court of Appeals Seventh Circuit.

January 13, 1970.

Attorney(s) appearing for the Case

Lyman Austin Moore, Edward R. Lev, James B. Fadim, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Edward V. Hanrahan, John Roger McClory, John Gannon, Chicago, Ill., for respondents-appellees; Elmer C. Kissane, Asst. State's Atty., of counsel.

Before KNOCH, Senior Circuit Judge, KILEY and FAIRCHILD, Circuit Judges.

KILEY, Circuit Judge.

The district court dismissed petitioner Moore's habeas corpus petition, and he has appealed. We affirm.

On March 26, 1963, Moore was convicted of armed robbery and was sentenced to a term of from twenty to forty years imprisonment. Barbee and Magby, who were tried with Moore, were found guilty and not guilty, respectively. The convictions of Moore and Barbee were affirmed by the Illinois Supreme Court, People v. Moore,

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