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ELLINGBURG v. LOCKHART

No. PB-73-C-7.

397 F.Supp. 771 (1975)

James G. ELLINGBURG, Petitioner, v. A. L. LOCKHART, Superintendent of the Cummins Unit, Arkansas Department of Correction, Respondent.

United States District Court, E. D. Arkansas, Pine Bluff Division.

July 18, 1975.

Attorney(s) appearing for the Case

James H. Wilkins, Jr., Rose, Nash, Williamson, Carroll & Clay, Little Rock, Ark., for petitioner.

Jack Lassiter, Asst. Atty. Gen., Little Rock, Ark., for respondent.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

EISELE, Chief Judge.

This habeas corpus proceeding pursuant to 28 U.S.C. § 2254 arose out of a state court conviction received by James G. Ellingburg in the Circuit Court of Miller County in the early fall of 1972. Petitioner is presently in custody at the Cummins Unit of the Arkansas Department of Correction, serving a thirty-one and one-half year sentence as a result...

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