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BROWNING v. SALISBURY

Civ. A. No. 70-269.

325 F.Supp. 1183 (1971)

Charles H. BROWNING, Petitioner, v. William D. SALISBURY, Supt., Respondent.

United States District Court, S. D. Ohio, E. D.

April 20, 1971.

Attorney(s) appearing for the Case

No appearance for petitioner.

Paul Brown, Atty. Gen. of Ohio, and James L. Hoover, Asst. Atty. Gen. of Ohio, for respondent.

ORDER

KINNEARY, District Judge.

Petitioner, a state prisoner, brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2241(c) (3).

This matter is before the Court on the petition and return of writ. The Court also has before it a transcript of petitioner's trial. Factual issues are not in dispute. Consequently, an evidentiary hearing is not required under the criteria of Townsend v. Sain,

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