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HAYES v. CADY

No. 73-1884.

500 F.2d 1212 (1974)

Thomas O. HAYES, Petitioner-Appellant, v. Elmer O. CADY, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1974.

Rehearing and Rehearing En Banc Denied August 28, 1974.

Attorney(s) appearing for the Case

Francis X. Beytagh, Jr. and Patrick Perry, Law Student, Notre Dame, Ind., for petitioner-appellant.

Robert W. Warren, Atty. Gen., William A. Platz, Asst. Atty. Gen., Madison, Wis., for respondent-appellee.

Before CUMMINGS, PELL and SPRECHER, Circuit Judges.

PER CURIAM.

Petitioner was convicted of burglary and first degree murder in the County Court of Racine County, Wisconsin. The Supreme Court of that state affirmed the murder conviction. Hayes v. State, 39 Wis.2d 125, 158 N.W.2d 545 (1968). This appeal is from a subsequent denial of a writ of habeas corpus. The question before us is whether evidence seized during a warrantless search of petitioner...

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