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PERNELL v. ROSE

No. 73-1141.

486 F.2d 301 (1973)

John Henry PERNELL, Petitioner-Appellant, v. James H. ROSE, Warden and State of Tennessee, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 31, 1973.

Attorney(s) appearing for the Case

David S. Field (Court Appointed), Nashville, Tenn., for petitioner-appellant.

William B. Hubbard, Asst. Atty. Gen., Nashville, Tenn., for respondents-appellees; David M. Pack, Atty. Gen. of Tenn., of counsel.

Before WEICK, EDWARDS and LIVELY, Circuit Judges.

PER CURIAM.

John Henry Pernell was arrested in Ohio after having been charged with murder in Tennessee. He was not entitled to bail under Ohio law and spent approximately six months in jail in Ohio while resisting extradition to Tennessee. He was ultimately tried in Tennessee, found guilty of second degree murder and sentenced by the jury to serve ten years in prison, the maximum statutory sentence for the offense being twenty years. The State of Tennessee refused...

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