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PAYNE v. WINGO

No. 20871.

442 F.2d 1192 (1971)

Horace PAYNE, Petitioner-Appellant, v. John W. WINGO, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

June 2, 1971.

Attorney(s) appearing for the Case

Joseph G. Glass, Louisville, Ky., for petitioner-appellant.

James H. Barr, Commonwealth of Kentucky, Frankfort, Ky., for respondent-appellee; John B. Breckinridge, Atty. Gen., Commonwealth of Kentucky, Frankfort, Ky., on brief.

Before EDWARDS, BROOKS and MILLER, Circuit Judges.

MILLER, Circuit Judge.

Appellant appeals from the denial of a petition for a writ of habeas corpus by the United States District Court for the Western District of Kentucky, Paducah Division.

In 1964, appellant was convicted of armed robbery and sentenced to life imprisonment by the McCracken Circuit Court. No appeal was taken. After unsuccessfully pursuing Kentucky post-conviction proceedings, appellant filed a habeas corpus petition with the United States...

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