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FERGUSON v. CARDWELL

No. 71-1392.

452 F.2d 1011 (1971)

Clarence Vernon FERGUSON, Petitioner-Appellant, v. Harold J. CARDWELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 23, 1971.

Attorney(s) appearing for the Case

Clarence Vernon Ferguson, pro. per.

William J. Brown, Atty. Gen. of Ohio, Leo J. Conway, Asst. Atty. Gen. of Ohio, for respondent-appellee.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and ROTH, District Judge.

PER CURIAM.

Ferguson has appealed from an order of the District Court denying his application for a writ of habeas corpus.

The Grand Jury of Cuyahoga County, Ohio, in the first count of an indictment, charged him with killing in the perpetration of a robbery, and in the second count with killing with premeditated malice.

Ferguson and an accomplice were robbing a drugstore in Cleveland, Ohio; both men had guns. Ferguson shot Benjamin Kaufman in the...

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