POTTER v. PERINI

No. 75-2345.

545 F.2d 1048 (1976)

James G. POTTER, Petitioner-Appellee, v. E. P. PERINI, Superintendent, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 21, 1976.


Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, Robert D. Doane, Simon B. Karas, Columbus, Ohio, for respondent-appellant.

James G. Potter, pro se.

Dennis M. O'Connell, Cincinnati, Ohio (Court-appointed CJA), for petitioner-appellee.

Before WEICK, McCREE and LIVELY, Circuit Judges.


PER CURIAM.

The State of Ohio has appealed to this Court from an Order of the District Court granting a writ of habeas corpus releasing appellee Potter from custody unless a new trial is granted to him on the judgment of convictions and sentence for state narcotic offenses.

Potter had been convicted by a jury in the Court of Common Pleas of Allen County, Ohio, on all nine counts of an indictment charging him with possession and sale of narcotic drugs, possession...

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