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MILLER v. CARDWELL

No. 21011.

448 F.2d 186 (1971)

Elmer Glenn MILLER, Petitioner-Appellant, v. Harold J. CARDWELL, Warden, Ohio Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

September 10, 1971.

Attorney(s) appearing for the Case

Elwood B. Hain, Jr., Detroit, Mich. (Court Appointed), for appellant.

Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, William J. Brown, Atty. Gen. of Ohio, Columbus, Ohio, on the brief, for appellee.

Before EDWARDS and MILLER, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

This is an appeal from an order denying a writ of habeas corpus by the District Court.

On May 5, 1963, Emma Austing, a widow past seventy-six years of age, lived, and had been living for many years, on her farm near Loveland, in Hamilton County, Ohio. Her husband, Joe Austing, had died about twenty-five years before.

Although she managed her farm, employed help, made plans...

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