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UNITED STATES EX REL. FORD v. PATE

No. 17718.

425 F.2d 178 (1970)

UNITED STATES of America ex rel. Henry L. FORD, Petitioner-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

May 7, 1970.

Attorney(s) appearing for the Case

Peter A. Flynn, Chicago, Ill., for appellant.

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

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge, and FAIRCHILD, Circuit Judge.

DUFFY, Senior Circuit Judge.

Defendant was indicted in Cook County, Illinois, for armed robbery. He pled not guilty and was tried in a bench trial before a state court. He was found guilty and was sentenced. He appealed to the Illinois Appellate Court contending 1) his identity as one of the two robbers was not proven beyond a reasonable doubt due to suggestive police practices in the lineups; 2) that he was denied due process of law; 3) that incompetent prejudicial...

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