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UNITED STATES v. FRANKLIN

Nos. 18563, 18564.

440 F.2d 1210 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Emerson FRANKLIN, Defendant-Appellant. Earl Emerson FRANKLIN, Petitioner-Appellant. v. P. G. SMITH, Warden, United States Penitentiary, Terre Haute, Indiana, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

April 13, 1971.

Attorney(s) appearing for the Case

James L. Crawford, Terre Haute, Ind., for appellant.

Stanley B. Miller, U. S. Atty., Charles A. Scruggs, Asst. U. S. Atty., Indianapolis, Ind., for appellees.

Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge, and KERNER, Circuit Judge.

KNOCH, Senior Circuit Judge.

In Appeal No. 18563, defendant-appellant, Earl Emerson Franklin, appeals from conviction and sentence of six months, after a bench trial (jury having been waived) on a plea of not guilty to a charge by indictment of unlawful escape in violation of Title 18 U.S.C. § 751(a) from custody after conviction of an offense against the United States (violation of Title 18 U.S.C. § 2312).

In Appeal No. 18564, petitioner-appellant...

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