DOMBKOWSKI v. JOHNSON

No. 73-1324.

488 F.2d 68 (1973)

Floyd A. DOMBKOWSKI, Petitioner, v. Perry JOHNSON, Warden for the State Prison of Southern Michigan, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided December 5, 1973.


Attorney(s) appearing for the Case

Leo H. Hildebrandt, Jr. (Court appointed) Cincinnati, Ohio, for appellant.

Thomas A. Carlson, Asst. City Sol. Gen., for appellee; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., on brief.

Before PHILLIPS, Chief Judge, and PECK and LIVELY, Circuit Judges.


PER CURIAM.

This is an appeal from an order of the District Court denying petitioner's request for a writ of habeas corpus.

While sitting in a Grand Rapids bar on the evening of February 26, 1970, petitioner was approached by two small boys who offered to sell him some candy. Petitioner asked the boys to meet him in an alley behind the club ostensibly for the purpose of paying for the candy, but when petitioner arrived he allegedly attempted to pull down the...

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