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SOUTHERS v. HASKINS

No. 72-1319.

462 F.2d 627 (1972)

Arnold SOUTHERS, Petitioner-Appellant, v. E. B. HASKINS, Superintendent, London Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

July 5, 1972.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen., of Ohio, Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, on brief for respondent-appellee.

Before EDWARDS, McCREE and KENT, Circuit Judges.

PER CURIAM.

Appellant, a state prisoner, appeals from the denial of his application for a writ of habeas corpus. The facts reveal that in the early morning of June 8, 1969, a police officer observed an automobile parked in the parking lot of a store. He saw a shoe sticking up in the back seat which caused him to investigate the vehicle. As he approached the car he observed two men in the back of the car. While questioning them he observed in plain view a crowbar and...

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