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SCOTT v. PERINI

No. 20422.

439 F.2d 1066 (1971)

Elbert SCOTT, Petitioner-Appellee, v. E. P. PERINI, Superintendent, Marion Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

March 31, 1971.

Attorney(s) appearing for the Case

Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellant; Paul W. Brown, Atty. Gen., Columbus, Ohio, on brief.

William Beyer, Cleveland, Ohio, for petitioner-appellee; Harry E. Youtt, Cleveland, Ohio, on brief.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

O'SULLIVAN, Senior Circuit Judge.

The State of Ohio here appeals from an order entered in the United States District Court for the Northern District of Ohio, granting a petition of Elbert Scott for a writ of habeas corpus. Scott is a prisoner of the State of Ohio serving a 20-40 year sentence for the sale of narcotics, contrary to the laws of Ohio. He, with another, was convicted upon a jury trial in 1964 and his petition for habeas corpus was filed in 1968. The Honorable...

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