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GANN v. SMITH

No. EC 7044-K.

318 F.Supp. 409 (1970)

Melvin GANN, Petitioner, v. W. D. SMITH, Jr., Sheriff of Chickasaw County, Mississippi, Respondent.

United States District Court, N. D. Mississippi, E. D.

October 29, 1970.

Attorney(s) appearing for the Case

John P. Fox, Houston, Miss., James A. Lewis, Oxford, Miss., for petitioner.

Guy N. Rogers, Asst. Atty. Gen., Jackson, Miss., James S. Gore, County Atty., Houston, Miss., for respondent.

MEMORANDUM OPINION

KEADY, Chief Judge.

This petition for writ of habeas corpus is brought by Melvin Evans Gann under 28 U.S.C. § 2241. Petitioner, presently on bond, attacks his conviction and sentence by the Circuit Court of Chickasaw County, Mississippi, on the ground that certain evidence introduced against him at trial was obtained under a search warrant based upon an invalid affidavit and also that the Circuit Court increased his sentence after...

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