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HIZEL v. SIGLER

No. 20115.

430 F.2d 1398 (1970)

John HIZEL, Jr., Appellee, v. Maurice H. SIGLER, Warden of Nebraska Penal and Correctional Complex, Appellant.

United States Court of Appeals, Eighth Circuit.

September 1, 1970.

Attorney(s) appearing for the Case

Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., for appellant; Clarence A. H. Meyer, Atty. Gen., Lincoln, Neb., on the brief.

Bryce Bartu, of Blevens & Bartu, Seward, Neb., for appellee.

Before VOGEL, HEANEY and BRIGHT, Circuit Judges.

HEANEY, Circuit Judge.

This is an appeal from a decision of the United States District Court for the District of Nebraska granting the petitioner's application for a writ of habeas corpus.

Albert Hendren was killed by gunfire on October 11, 1964. A few hours after the killing, John Hizel, Jr., the petitioner, was identified as the suspect and was arrested. Shortly after his arrest and while in custody, he was questioned by law enforcement officers. During...

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