No. 72-2185.

485 F.2d 266 (1973)

Albert William HALE, Petitioner-Appellant, v. C. Murray HENDERSON, Warden Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 5, 1973.

Attorney(s) appearing for the Case

Charles Stephen Ralston, New York City, for petitioner-appellant; Walter L. Bailey, Jr., Memphis, Tenn., and Jack Greenberg, New York City, on brief.

James M. Tharpe, Sp. Counsel, State of Tenn., Memphis, Tenn., for respondent-appellee; David M. Pack, Atty. Gen. of Tenn., Nashville, Tenn., of counsel.

Before EDWARDS and MILLER, Circuit Judges, and LAMBROS, District Judge.

EDWARDS, Circuit Judge.

This petitioner, after issuance of a writ of habeas corpus in his favor by the United States District Court for the Western District of Tennessee, appeals the two issues which the District Court decided against him. The state did not appeal from the District Court's grant of the writ of habeas corpus, but does resist reversal of the two issues decided in its favor below. In the interest of judicial economy, we decide both issues sought to be...

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