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UNITED STATES EX REL. ROONEY v. HOUSEWRIGHT

No. 76-2138.

568 F.2d 516 (1977)

People of the UNITED STATES ex rel. John J. ROONEY, Petitioner-Appellant, v. Vernon G. HOUSEWRIGHT, Warden, Vienna Branch, Illinois Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 1977.

Attorney(s) appearing for the Case

John J. Rooney, pro se.

Thomas O. McCulloch, Geneva, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Gerri Papushkewych, Asst. Atty. Gen., Springfield, Ill., for respondent-appellee.

Before PELL and WOOD, Circuit Judges, and CAMPBELL, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

In this review of the denial of a petition for habeas corpus, we affirm and adopt the Memorandum and Order of Judge Foreman entered on August 19, 1976, to which we add some additional factual and legal comments.1

There is little disagreement about the basic facts which may be briefly summarized.

Late on the night of January 21, 1966, the petitioner, Rooney, shot and killed George Harvill...

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