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UNITED STATES EX REL. STEWART v. PATE

No. 18634.

443 F.2d 326 (1971)

UNITED STATES of America ex rel. William STEWART, Petitioner-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

May 13, 1971.

Attorney(s) appearing for the Case

Charlotte Ziporyn, Samuel D. Freifeld, Chicago, Ill., for appellant.

William J. Scott, Atty. Gen., Joel M. Flaum, First Asst. Atty. Gen., Jayne A. Carr, Warren K. Smoot, Morton E. Friedman, Asst. Attys. Gen., Chicago, Ill., for appellee.

Before KILEY, PELL and STEVENS, Circuit Judges.

KILEY, Circuit Judge.

Petitioner Stewart appeals from a district court judgment denying him habeas corpus relief after an evidentiary hearing. We affirm.

In April, 1948, while serving sentences imposed in 1942 — one for life for armed robbery, and one for one year to life for burglary — Stewart was indicted for and pled guilty to murder of a fellow inmate in Menard Penitentiary. He was given a 99 year sentence. In 1968 he was paroled from the...

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