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MOORE v. WOLFF

No. 73-1774.

495 F.2d 35 (1974)

Edwin Charles MOORE, a/k/a Charles E. Moore, Appellant, v. Charles L. WOLFF, Warden, etc., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 23, 1974.

Attorney(s) appearing for the Case

P.M. Conley, Lincoln, Neb., for appellant.

James J. Duggan, Asst. Atty. Gen., Lincoln, Neb., for appellee.

Before GIBSON, BRIGHT, and STEPHENSON, Circuit Judges.

GIBSON, Circuit Judge.

Petitioner, Edwin Charles Moore, appeals the District Court's1 denial of his petition for a writ of habeas corpus. Petitioner was charged and convicted in Nebraska state court of assault with intent to rape and sodomy and sentenced to concurrent five year terms of imprisonment. Moore's claim, that his oral incriminating statements made after appointment of counsel but without counsel present were used against him...

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