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TABASKO v. BARTON

No. 72-1557.

472 F.2d 871 (1972)

Charles A. TABASKO, Jr., Petitioner-Appellant, v. Bernard I. BARTON, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 27, 1972.

Attorney(s) appearing for the Case

Gerald A. Messerman, Cleveland, Ohio, Gold, Rotatori, Messerman & Hanna, Cleveland, Ohio, for petitioner-appellant.

Leo J. Conway, Columbus, Ohio, for respondent-appellee; Jeffrey McClelland, William J. Brown, Columbus, Ohio, on brief.

Before WEICK, EDWARDS and MILLER, Circuit Judges.

EDWARDS, Circuit Judge.

This is an appeal from a District Judge's order denying appellant's petition for writ of habeas corpus. He was convicted in a jury trial in 1967 under an Ohio statute, Ohio Rev.Code § 3719.101 (1971), which prohibits maintaining and operating premises in which narcotic drugs are kept. He was sentenced by the judge to two to fifteen years in the Ohio Reformatory. He has been free on bond while his case was on appeal to the Ohio Supreme...

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