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HAHN v. BURKE

No. 17938.

430 F.2d 100 (1970)

Frank Robert Cordee HAHN, Petitioner-Appellant, v. John C. BURKE, Warden, Wisconsin State Prison, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied September 29, 1970.

Attorney(s) appearing for the Case

George M. St. Peter, Fond du Lac, Wis., for petitioner-appellant.

Robert W. Warren, William Platz, Madison, Wis., for respondent-appellee.

Before CLARK, Associate Justice, Retired, and CUMMINGS and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This is an appeal from the district court's denial of a petition, pursuant to 28 U.S.C. § 2254 attacking petitioner's Wisconsin incarceration. Petitioner Frank Hahn pled guilty to a charge of burglary on September 12, 1964, and was sentenced to five years in the state prison for the burglary charge and an additional offense of trying to escape from the County Jail. The execution of petitioner's sentence was stayed, however, and he was placed...

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