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BERGENTHAL v. CADY

No. 71-1479.

466 F.2d 635 (1972)

August K. BERGENTHAL, Petitioner-Appellant, v. Elmer CADY, Warden of Wisconsin State Prison, Waupun, Wisconsin, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1972.

Certiorari Denied January 8, 1973.

Attorney(s) appearing for the Case

Alyce Neff Browne, Waukegan, Ill., for petitioner-appellant.

Robert W. Warren, Atty. Gen., Sverre O. Tinglum, Asst. Atty. Gen., Madison, Wis., for respondent-appellee.

Before DUFFY and MURRAH, Senior Circuit Judges and JUERGENS, District Judge.

Certiorari Denied January 8, 1973. See 93 S.Ct. 913.

MURRAH, Senior Circuit Judge.

This is an appeal from the denial of a petition for a writ of habeas corpus in the district court. Bergenthal v. Cady, 326 F.Supp. 848 (E.D.Wis.1971). In a bifurcated Wisconsin state trial the jury first found petitioner guilty of first degree murder and a related offense and then rejected his defense of legal insanity at the time of the...

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