SHELBY v. PHEND

No. 17894.

445 F.2d 1326 (1971)

Wally SHELBY, Petitioner-Appellant, v. George W. PHEND, Warden, Indiana State Prison, succeeded by Russell E. Lash, since this cause was initiated, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

July 22, 1971.


Attorney(s) appearing for the Case

Robert J. DuComb, Jr., South Bend, Ind., for petitioner-appellant.

William F. Thompson, Asst. Atty. Gen., Indianapolis, Ind., Theodore L. Sendak, Atty. Gen. of Indiana, Indianapolis, Ind., for respondent-appellee.

Before MAJOR, Senior Circuit Judge, and CUMMINGS and STEVENS, Circuit Judges.


STEVENS, Circuit Judge.

Alcohol, competition for the attention of one Jeannette Reynolds, and other provocations, led to a quarrel between appellant and one Frank Wimsatt in the early morning of October 11, 1964. The "rassle" ended when appellant stabbed Wimsatt to death with a large steak knife. According to a statement appellant gave to the police some 11 hours later, he had voluntarily and promptly called the police himself and explained the circumstances leading...

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