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APPLICATION OF ASCHMELLER

Civ. No. 75-4038.

403 F.Supp. 983 (1975)

Application of Dale Allan ASCHMELLER for a Writ of Habeas Corpus.

United States District Court, D. South Dakota, S. D.

December 2, 1975.

Attorney(s) appearing for the Case

Robert J. Burns, Sioux Falls, S. D., for petitioner.

Gene Paul Kean, Minnehaha County State's Atty., Sioux Falls, S. D., for respondent.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner seeks habeas corpus relief under the provisions of 28 U.S.C. Sec. 2254 (1970). Petitioner Aschmeller is confined in the South Dakota State Penitentiary under a life sentence imposed in 1971, following a conviction for murder perpetrated in the commission of a felony. The conviction was affirmed by the South Dakota Supreme Court. State v. Aschmeller, S.D., 209 N.W.2d 369

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