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CUNNINGHAM v. ROSE

No. 72-1954.

476 F.2d 1285 (1973)

James E. CUNNINGHAM, Petitioner-Appellant, v. Jim ROSE, Warden, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 17, 1973.

Attorney(s) appearing for the Case

Marvin Berke, Chattanooga, Tenn. (Court-appointed), for petitioner-appellant.

R. Jackson Rose, Asst. Atty. Gen., Nashville, Tenn., for defendant-appellee; David M. Pack, Atty. Gen., of counsel.

Before CELEBREZZE, PECK and KENT, Circuit Judges.

PER CURIAM.

This is an appeal from the denial of a writ of habeas corpus. The appellant was convicted of rape. The jury imposed the death sentence which was commuted to a 99-year term by the Governor of Tennessee.

All the issues presented were carefully considered by District Judge Frank W. Wilson, and disposed of in a carefully prepared opinion. Judge Wilson concluded in his opinion that the admission of the confessions...

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