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UNITED STATES EX REL. WATERS v. BENSINGER

No. 72-1966.

507 F.2d 103 (1974)

UNITED STATES of America ex rel. Gilbert WATERS and Henry Waters, Petitioners-Appellants, v. Peter BENSINGER, Director of Corrections, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 31, 1974.

Attorney(s) appearing for the Case

Julius Lucius Echeles, Chicago, Ill., for petitioners-appellants.

William J. Scott, Atty. Gen., and Robert E. Davy, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before KILEY, Senior Circuit Judge, STEVENS, Circuit Judge, and WYZANSKI, Senior District Judge.

PER CURIAM.

Appellants seek reversal of the district court's denial of their petition for a writ of habeas corpus. They unsuccessfully claimed in the district court that their rights under the due process clause of the Fourteenth Amendment were denied by the Illinois state trial court which had convicted them of armed robbery. Appellants' principal ground for seeking reversal is that the state court refused their request to instruct the jury on their defense. Appellants...

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