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EFFLER v. ROSE

No. 75-1999.

535 F.2d 980 (1976)

Earl Dean EFFLER, Petitioner-Appellee, v. James ROSE, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 9, 1976.

Rehearing Denied July 22, 1976.

Attorney(s) appearing for the Case

R. A. Ashley, Jr., Atty. Gen., R. Jackson Rose, Nashville, Tenn., for respondent-appellant.

Dale Quillen, Price Nimmo, Nashville, Tenn., for petitioner-appellee.

Before PHILLIPS, Chief Judge, and WEICK and ADAMS, Circuit Judges.

PER CURIAM.

The District Court granted the application of Earl Dean Effler for a writ of habeas corpus and the Warden of the Tennessee State Penitentiary appeals. We reverse.

Effler was found guilty of concealing stolen property valued in excess of $100, in violation of T.C.A. § 39-4217(C), and sentenced to a term of imprisonment of not less than three nor more than ten years. His conviction was affirmed by the Court of Criminal Appeals of Tennessee,...

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