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SIMPSON v. SPICE

No. 74-C-514.

390 F.Supp. 1271 (1975)

Errol J. SIMPSON, Petitioner, v. Calvin SPICE, Sheriff of Outagamie County, Wisconsin, and Circuit Court, Tenth Circuit, Outagamie County, Wisconsin, Respondents.

United States District Court, E. D. Wisconsin.

February 21, 1975.

Attorney(s) appearing for the Case

James A. Walrath, Shellow & Shellow, Milwaukee, Wis., for petitioner.

Bronson C. La Follette, Atty. Gen., by Thomas J. Balistreri, Asst. Atty. Gen., Madison, Wis., for respondents.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This is a petition for issuance of a writ of habeas corpus. On December 1, 1970, the petitioner, Errol Simpson, was convicted in a Wisconsin state court on three counts of selling obscene material in violation of § 944.21(1)(a), Wis. Stats. Mr. Simpson was sentenced to two concurrent indeterminate terms of not more than one year for selling magazines entitled "Flip Flop" (count one) and "Heads Up"...

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