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BURKS v. EGELER

No. 73-2003.

512 F.2d 221 (1975)

Henry Clay BURKS, Petitioner-Appellant, v. Charles EGELER, Warden, People of the State of Michigan, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

February 6, 1975.

Attorney(s) appearing for the Case

Henry Clay Burks, pro se, William J. Dammarell, Cincinnati, Ohio (Court Appointed), for petitioner-appellant.

Frank J. Kelley, Atty. Gen. of Mich., Robert A. Derengoski, Thomas A. Carlson, Jann C. Ryan, Lansing, Mich., for respondents-appellees.

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

ENGEL, Circuit Judge.

Henry Clay Burks, originally charged with second degree murder, was convicted of manslaughter by a Detroit Recorder's Court jury on July 25, 1968, and sentenced to a term of ten to fifteen years in prison. Following denial of a motion for new trial, Burks' conviction was affirmed by the Supreme Court of Michigan.1

In a petition to the district court for writ of habeas corpus under 28 U.S.C. § 2254, Burks...

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