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COX v. CARDWELL

No. 71-1939.

464 F.2d 639 (1972)

Ernest COX, Petitioner-Appellee, v. Harold J. CARDWELL, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

June 15, 1972.

Attorney(s) appearing for the Case

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

Rankin M. Gibson (Court apptd.), Lucas, Prendergast, Albright, Gibson, Brown & Newman, Columbus, Ohio, for petitioner-appellee.

Before WEICK and CELEBREZZE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

O'SULLIVAN, Senior Circuit Judge.

We consider the appeal of Harold J. Cardwell, Warden of the Ohio State Penitentiary, from an order of the United States District Court for the Southern District of Ohio, directing that appellee Cox be given a new trial in the Court of Common Pleas of Greene County, Ohio. There, on March 1, 1966, a jury had convicted him of armed robbery.

The prosecution evidence at trial was that at 8:30 in the evening of November 10, 1965...

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