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UNITED STATES v. FRANKLIN

Nos. 69-Cr-28 and 69-C-67.

313 F.Supp. 43 (1970)

UNITED STATES of America, Plaintiff, v. Earl Emerson FRANKLIN, Defendant. Earl Emerson FRANKLIN, Petitioner, v. P. G. SMITH, Warden, Respondent.

United States District Court, S. D. Indiana, Terre Haute Division.

May 7, 1970.

Attorney(s) appearing for the Case

Stanley B. Miller, U. S. Dist. Atty., by Mr. Charles H. Scruggs, Asst. U. S. Atty., Indianapolis, Ind., for the United States and P. G. Smith, Warden.

James L. Crawford of Cox, Zwerner, Gambill & Sullivan, Terre Haute, Ind., for Earl Emerson Franklin.

OPINION

HOLDER, District Judge.

The captioned cases came on for bench trials on January 23, 1970 upon the issues of the indictment returned October 27, 1969 and the defendant's plea of Not Guilty, and upon the issues of the Petition for a Writ of Habeas Corpus filed September 26, 1969 but amended on January 23, 1970 and the Respondent's Answer and Return in Two Paragraphs.

THE INDICTMENT

The...

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