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AUSTIN v. SWENSON

No. 74-68C(3).

394 F.Supp. 527 (1975)

Wesley AUSTIN, Petitioner, v. Harold R. SWENSON, Warden, Respondent.

United States District Court, E. D. Missouri, E. D.

April 30, 1975.

Attorney(s) appearing for the Case

Benjamin Roth, St. Louis, Mo., for petitioner.

John C. Danforth, Atty. Gen., Neil MacFarlane, Asst. Atty. Gen., State of Missouri, Jefferson City, Mo., for respondent.

MAGISTRATE'S REVIEW AND RECOMMENDATION OF PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS

WANGELIN, District Judge.

Wesley Austin seeks habeas corpus from the Missouri State Penitentiary in Jefferson City, Missouri, where he is under a twenty-five year sentence for assault with intent to kill. He was found guilty of said assault by a jury in the Circuit Court of the City of St. Louis, State of Missouri, and sentence was imposed on May 28, 1971 by the

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