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UNITED STATES EX REL. SPENCER v. WARDEN, PONTIAC CORR. CTR.

No. 76-1037.

545 F.2d 21 (1976)

UNITED STATES of America ex rel. Jimmy X. SPENCER, Petitioner-Appellee, v. WARDEN, PONTIAC CORRECTIONAL CENTER, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 1976.

As Corrected on Denial of Rehearing February 15, 1977.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Roger L. Longtin, Asst. Atty. Gen., Chicago, Ill., for respondent-appellant.

Edward T. Stein, Chicago, Ill., for petitioner-appellee.

Before SWYGERT and WOOD, Circuit Judges, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

The petitioner in this case was tried in a bench trial and convicted of armed robbery in the Circuit Court of Cook County. The petitioner was arrested on May 8, 1972. He was held in custody for some three-and-one-half months. Only then was an indictment returned on August 25, 1972. On August 31, 1972 he was arraigned and counsel was appointed. The case was set for trial on the following day, September 1, 1972. On that date petitioner...

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