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CHILDS v. CARDWELL

No. 71-1103.

452 F.2d 541 (1971)

Joe Willie CHILDS, Petitioner-Appellee, v. Harold J. CARDWELL, Warden, Ohio State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

December 10, 1971.

Attorney(s) appearing for the Case

Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellant; William J. Brown, Atty. Gen., Jeffrey L. McClelland, Asst. Atty. Gen., Columbus, Ohio, on brief.

Donald F. Kelch, Jr., Columbus, Ohio, for petitioner-appellee; Mayer, Tingley, Hurd & Emens, Columbus, Ohio, on brief.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and CECIL, Senior Circuit Judge.

WEICK, Circuit Judge.

Appellee, Joe Willie Childs, was convicted by a jury in the Common Pleas Court of Franklin County, Ohio, on May 14, 1964, on counts of an indictment charging him with armed robberies and assault with intent to kill. He was sentenced to consecutive terms in the Ohio state penitentiary.

One of the robberies was of the Miller Market in Columbus, Ohio, on December 17, 1963. The Miller Market was owned by Harold Johnson and operated by him...

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