On Rehearing and Suggestion for Rehearing in Banc August 30, 1971.
KILKENNY, Circuit Judge.
These cases have been consolidated for argument and decision. In each case, the respondent, over the objection of the petitioner, accepted a plea of guilty to what he believed was a lesser offense necessarily included in the offense charged in the indictment. The petitioner now demands that we issue a writ of mandamus directed to the respondent, requiring him to set...
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