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MANNING v. JARNIGAN

No. 73-1463.

501 F.2d 408 (1974)

Fred Dean MANNING, Petitioner-Appellant, v. Gale JARNIGAN, Sheriff, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 30, 1974.

Attorney(s) appearing for the Case

R. Price Nimmo, Nashville, Tenn., for petitioner-appellant; Dale M. Quillen, Nashville, Tenn. (court appointed), on brief.

Alex B. Shipley, Jr., Asst. Atty. Gen., for respondent-appellee; David M. Pack, Atty Gen. of Nashville, Tenn., of counsel.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.

EDWARDS, Circuit Judge.

This is an appeal from the denial without an evidentiary hearing of a petition for writ of habeas corpus. We reverse and remand for such a hearing.

Appellant had been convicted by a jury in a Tennessee state court on two charges of unlawful sale of legend drugs (barbituates) and one charge of unlawful possession of such drugs without a prescription, in violation of Tenn.Code Ann. §§ 52-1204 and 52-1206 (1966). On each count...

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