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McCRAVY v. MOORE

No. 72-1863.

476 F.2d 281 (1973)

James A. McCRAVY, Petitioner-Appellee, v. Robert MOORE, Warden, Tennessee State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1973.

Attorney(s) appearing for the Case

R. Jackson Rose, Asst. Atty. Gen., Nashville, Tenn., for respondent-appellant; David M. Pack, Atty. Gen., State of Tennessee, of counsel.

Eric D. Christiansen (court appointed), Burkhard & Christiansen, Greenville, Tenn., for petitioner-appellee.

Before MILLER, KENT and LIVELY, Circuit Judges.

KENT, Circuit Judge.

This is an appeal by the State of Tennessee from the District Court's order granting the petitioner-appellee's application for a writ of habeas corpus, filed under the provisions of 28 U.S.C. § 2254. Appellee was convicted in the State Courts of Tennessee of the forcible rape of his wife's 14-year old sister. The offense was alleged to have occurred while the appellee's wife was at work. Within a very short time appellee was apprehended by...

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