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CLAY v. BLACK

No. 71-1468.

455 F.2d 667 (1972)

Herbert CLAY, Petitioner-Appellant, v. Harold BLACK, Warden, Kentucky State Reformatory, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

February 28, 1972.

Attorney(s) appearing for the Case

Robert Allen Sedler, Lexington, Ky., Melvin L. Wulf, Lawrence G. Sager, American Civil Liberties Union Foundation, New York City, on brief, for petitioner-appellant.

Douglas E. Johnson, Sp. Asst. Atty. Gen., Frankfort, Ky., John B. Breckinridge, Atty. Gen., Commonwealth of Kentucky, Frankfort, Ky., on brief, for respondent-appellee.

Before MILLER and KENT, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

KENT, Circuit Judge.

This is an appeal from the District Court's denial of the appellant's application for a writ of habeas corpus.1 No evidentiary hearing was held but the District Judge had the benefit of the transcript of the appellant's trial in the State Court.

Briefly, the facts are as follows. The State presented an eye witness who testified that the appellant pulled the victim...

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