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JOHNSON v. SALISBURY

No. 20258.

448 F.2d 374 (1971)

Charles Victor JOHNSON, Petitioner-Appellee, v. W. D. SALISBURY, Superintendent, Chillicothe Correctional Institution, Chillicothe, Ohio, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied July 29, 1971.

Attorney(s) appearing for the Case

Stephen M. Miller, Columbus, Ohio, for respondent-appellant; Paul W. Brown, Atty. Gen., Columbus, Ohio, on brief.

Gerald A. Messerman, Gold, Rotatori, Messerman and Hanna, Cleveland, Ohio, on brief, for petitioner-appellee.

Before BROOKS and MILLER, Circuit Judges, and CECIL, Senior Circuit Judge.

CECIL, Senior Circuit Judge.

W. D. Salisbury, Superintendent, Chillicothe Correctional Institution, Respondent-Appellant, appeals from an order of the United States District Court for the Southern District of Ohio, Eastern Division, granting the petition of Charles Victor Johnson, Petitioner-Appellee, for a writ of habeas corpus.

Johnson, the petitioner in the District Court, was convicted in the Common Pleas Court of Portage County, Ohio, on an indictment...

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