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WESTON v. ROSE

No. 74-2240.

527 F.2d 524 (1975)

Freddie Lamar WESTON, Plaintiff-Appellant, v. Jimmy H. ROSE, Warden, Tennessee State Prison, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 10, 1975.

Attorney(s) appearing for the Case

Sal Scrofano, Cincinnati, Ohio (Court appointed), for plaintiff-appellant.

R. A. Ashley, Atty. Gen. of Tenn., R. Jackson Rose, Asst. Atty. Gen., Nashville, Tenn., for defendant-appellee.

Before PHILLIPS, Chief Judge, and WEICK and ENGEL, Circuit Judges.

PER CURIAM.

This is an appeal from the denial of the application of Freddie Lamar Weston for a writ of habeas corpus.

The only issue is the action of the State trial judge in delivering the Allen charge to a deadlocked jury. See Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896). At the time of the trial of Weston in the State court, the Allen charge was authorized under the decisions...

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