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WAGSTER v. OVERBERG

No. 76-2506.

560 F.2d 735 (1977)

Andrew Lee WAGSTER, Petitioner-Appellee, v. Roger T. OVERBERG, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1977.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, Allen P. Adler, Columbus, Ohio, for respondent-appellant.

Hugh D. Holbrock, Timothy R. Evans, Holbrock, Jonson, Bressler & Houser, Hamilton, Ohio, Andrew Lee Wagster, pro se, for petitioner-appellee.

Before WEICK, EDWARDS and ENGEL, Circuit Judges.

WEICK, Circuit Judge.

The State of Ohio has appealed from an order of the District Court granting a writ of habeas corpus to the petitioner, Andrew Lee Wagster.

Wagster was convicted on January 15, 1970 by a jury in the Court of Common Pleas of Butler County, Ohio of murder in the second degree. He was sentenced to life imprisonment. His conviction was affirmed on direct appeal to the Court of Appeals for the First Appellate District of Ohio, and his appeal...

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