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HENDRON v. COWAN

No. 77-1015.

557 F.2d 575 (1977)

James Harvey HENDRON, Petitioner-Appellant, v. Henry COWAN, Superintendent, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1977.

Rehearing Denied October 5, 1977.

Attorney(s) appearing for the Case

Timothy T. Riddell, Frankfort, Ky., for petitioner-appellant.

Robert F. Stephens, Atty. Gen. of Kentucky, George M. Geoghegan III, Frankfort, Ky., for respondent-appellee.

Before EDWARDS, LIVELY and ENGEL, Circuit Judges.

PER CURIAM.

Petitioner in this case appeals from dismissal without hearing of his petition for writ of habeas corpus. He had been convicted for housebreaking in a Kentucky State Court and sentenced to ten years imprisonment.

Before this court he claims that his federal due process rights were violated at his trial when the State deliberately introduced evidence that a co-indictee who had already been tried and found...

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