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LEWIS v. CARDWELL

No. 72-1679.

476 F.2d 467 (1973)

Arthur Ben LEWIS, Jr., Petitioner-Appellee, v. Harold J. CARDWELL, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 5, 1973.

Attorney(s) appearing for the Case

Jeffrey L. McClellant, Asst. Atty. Gen., for respondent-appellant; William J. Brown, Atty. Gen. of Ohio, on brief.

Bruce A. Campbell (Court-appointed), Campbell, Boyland & Schwarzwalder, Columbus, Ohio, for petitioner-appellee.

Before PHILLIPS, Chief Judge, and WEICK and MILLER, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

This appeal is before the Court for review of a judgment and order of the district court conditionally granting a writ of habeas corpus pursuant to the power vested in that court by 28 U.S.C. § 2241.1 The case arises from a brutal shotgun slaying for which the appellee, Arthur Ben Lewis, Jr., was indicted, tried and subsequently found guilty of first degree...

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