UNITED STATES EX REL. ALLUM v. TWOMEY

No. 72-1327.

484 F.2d 740 (1973)

UNITED STATES of America ex rel. James ALLUM, Petitioner-Appellant, v. John J. TWOMEY, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1973.


Attorney(s) appearing for the Case

James R. Streicker, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., James B. Zagel, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before HASTINGS, Senior Circuit Judge, and CUMMINGS and STEVENS, Circuit Judges.


STEVENS, Circuit Judge.

The questions raised by this appeal are whether petitioner waived his constitutional objection to the admissibility of certain evidence as a matter of Illinois procedure, and if so, whether that waiver also forecloses a federal collateral attack on his conviction.

In October, 1965, petitioner was convicted of the murder of his common-law wife. The evidence of guilt is summarized in the opinion of the Appellate Court of Illinois affirming...

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