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NEWBERRY v. WINGO

No. 71-1082.

449 F.2d 344 (1971)

Thomas Calvin NEWBERRY, Petitioner-Appellant, v. John W. WINGO, Warden, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

October 21, 1971.

Attorney(s) appearing for the Case

M. Ronald Christopher, Murray, Ky., for petitioner-appellant.

James B. Wooten, Jr., Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee; John B. Breckinridge, Atty. Gen., Frankfort, Ky., on brief.

Before WEICK, McCREE and BROOKS, Circuit Judges.

PER CURIAM.

This appeal is from an order of the District Court dismissing, without a hearing, a petition for a writ of habeas corpus.

Newberry, a Negro, was convicted by a jury in the Hickman Circuit Court in the Commonwealth of Kentucky, of the crime of detaining a woman against her will, and the jury fixed punishment at confinement in the state penitentiary for seven years, which was the maximum sentence of imprisonment which could

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