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NOWLIN v. NEIL

No. 20809.

443 F.2d 8 (1971)

Roy NOWLIN, Petitioner-Appellant, v. W. S. NEIL, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

May 21, 1971.

Attorney(s) appearing for the Case

Gareth S. Aden, Nashville, Tenn., Court appointed, on brief, for petitioner-appellant.

R. Jackson Rose, Nashville, Tenn., for respondent-appellee; Robert H. Dedman, Special Counsel, Nashville, Tenn., on brief; David M. Pack, Atty. Gen. and Reporter, Nashville, Tenn., of counsel.

Before PHILLIPS, Chief Judge, and CELEBREZZE and KENT, Circuit Judges.

PER CURIAM.

Nowlin, who received concurrent sentences for burglary in the State courts of Tennessee, appeals from this second denial of his application for writ of habeas corpus. The first sentence was imposed after a jury trial on a two count indictment charging him with third degree burglary and with being an habitual criminal.

The jury found him guilty of burglary and not guilty on the habitual criminal count. The second sentence is on Nowlin's plea of...

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