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UNITED STATES EX REL. TOWNSEND v. TWOMEY

No. 71-1074.

452 F.2d 350 (1971)

UNITED STATES of America ex rel. Charles TOWNSEND, by William R. Ming, Jr., his next friend, Petitioner (Appellee), v. John J. TWOMEY, Warden of Illinois Penitentiary, Joliet-Statesville Branch, Respondent (Appellant).

United States Court of Appeals, Seventh Circuit.

As Amended January 21, 1972.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Donald J. Veverka, Asst. Atty. Gen., James B. Zagel, Morton E. Friedman, David E. Bradshaw, Asst. Attys. Gen., Chicago, Ill., for respondent-appellant.

William R. Ming, Jr., Sophia H. Hall, Aldus S. Mitchell, Jr., Andrew M. Raucci, Chicago, Ill., for petitioner-appellee.

Before CUMMINGS, KERNER and PELL, Circuit Judges.

PELL, Circuit Judge.

This litigation, now assuming Jarndycian proportions, is once again before this court. The origin of the court procedures occurred on April 7, 1955, in the Criminal Court of Cook County, Illinois, when Charles Townsend was found guilty of murdering one Jack Boone, Sr., on December 18, 1953, and was sentenced to death.

The itinerary of the subsequent court proceedings has been elevator-like between...

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