MARTIN v. ROSE

No. 75-1373.

525 F.2d 111 (1975)

Grady Wigfall MARTIN, Petitioner-Appellee, v. James ROSE, Warden, Tennessee State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 23, 1975.


Attorney(s) appearing for the Case

R. A. Ashley, Jr., Atty. Gen. of Tenn., Bart Durham, III, Asst. Atty. Gen., Nashville, Tenn., for respondent-appellant.

Grady Wigfall Martin, Jerry H. Summers, Chattanooga, Tenn., for petitioner-appellee.

Before EDWARDS and CELEBREZZE, Circuit Judges, and CECIL, Senior Circuit Judge.


EDWARDS, Circuit Judge.

In this case the state appeals from the District Judge's grant of a writ of habeas corpus pertaining to petitioner-appellee's conviction for bank robbery in a Tennessee state court. The petitioner-appellee had been tried previously in federal court for the same offense of bank robbery and had been acquitted. Prior to his state court trial for the identical bank robbery, he sought and was denied a transcript...

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