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EVANS v. COWAN

No. 74-1520.

506 F.2d 1248 (1974)

Frank Luther EVANS, Petitioner-Appellant, v. Henry E. COWAN, Warden, Kentucky State Prison, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 5, 1974.

Attorney(s) appearing for the Case

Frank Luther Evans, pro se.

Anthony M. Wilhoit, Public Defender, David E. Murrell, Deputy Public Defender, Frankfort, Ky., for petitioner-appellant.

Ed W. Hancock, Atty. Gen. of Kentucky, Frankfort, Ky., Thomas E. Emerson, Asst. Atty. Gen., for respondent-appellee.

Before CELEBREZZE, PECK and MILLER, Circuit Judges.

PECK, Circuit Judge.

Petitioner-appellant perfected this appeal from the denial of his petition for a writ of habeas corpus directed to his conviction at jury trial under a two-count indictment charging him with armed robbery and with being a habitual criminal. For the reasons hereinafter appearing, the judgment of the district court is reversed.

Appellant was indicted under Kentucky law for armed robbery1 and for being a habitual...

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