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FIGER v. PERINI

No. 20726.

440 F.2d 661 (1971)

Albert FIGER, Petitioner-Appellee, v. E. P. PERINI, Superintendent, Marion Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

April 16, 1971.

Attorney(s) appearing for the Case

Paul W. Brown, Atty. Gen. of Ohio, Stephen M. Miller, Asst. Atty. Gen., Columbus, Ohio, for appellant on brief.

James D. Kiger, Toledo, Ohio, Court Appointed, of record for appellee.

Before BROOKS and KENT, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

PER CURIAM.

The State of Ohio appeals from a District Court order which granted the petition of Albert Figer for a writ of habeas corpus. Figer is serving a sentence imposed in the Court of Common Pleas for the County of Cuyahoga, Ohio. He and one other were convicted on jury trial of all counts of an indictment which charged them with burglary, larceny, possession of burglary tools, and forcible entry of a safe. The burglary and entry into the safe were accomplished...

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