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HASTINGS v. CARDWELL

No. 72-2041.

480 F.2d 1202 (1973)

Alfred Owen HASTINGS, Petitioner-Appellant, v. Harold J. CARDWELL, Warden, Ohio Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1973.

Attorney(s) appearing for the Case

Charles B. Ebel (Court Appointed), Cincinnati, Ohio, for petitioner-appellant.

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

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and NEESE, District Judge.

PER CURIAM.

Appellant appeals from the denial of a petition for writ of habeas corpus in the United States District Court for the Southern District of Ohio. Previously a state court jury had found appellant guilty of armed robbery and he had been sentenced to ten to 25 years.

The offense concerned took place on December 12, 1968, at a filling station in Lancaster, Ohio. A man, later identified by three witnesses as Hastings, robbed the service station attendant...

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