STOUT v. DALLMAN

No. 73-1166.

492 F.2d 992 (1974)

Paul STOUT, Petitioner-Appellant, v. William H. DALLMAN, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 22, 1974.


Attorney(s) appearing for the Case

Theodore Knoebber (Court Appointed), Newport, Ky., on brief for petitioner.

Leo J. Conway, Asst. Atty. Gen., for respondent; William J. Brown, Atty. Gen., Columbus, Ohio, on brief.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and JOINER, District Judge.


PHILLIPS, Chief Judge.

Paul Stout appeals from the denial of his application for writ of habeas corpus.

At a jury trial in the Court of Common Pleas of Butler County, Ohio, Stout was convicted of armed robbery in violation of Ohio Revised Code § 2901.13, which provides as follows: "No person, while armed with a pistol, knife, or other dangerous weapon, by force or violence, or by putting in fear, shall steal from the person of another anything of value...

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