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APPLICATION OF COCHRAN

434 F.Supp. 1207 (1977)

Application of James COCHRAN for a Writ of Habeas Corpus. Application of Norman Wayne COCHRAN for a Writ of Habeas Corpus.

United States District Court, D. Nebraska.

August 12, 1977.

Attorney(s) appearing for the Case

John P. Murphy and Ronald A. Ruff, North Platte, Neb., for petitioner James Cochran.

James E. Schneider and James R. Nisley, North Platte, Neb., for petitioner Norman Wayne Cochran.

Marvin L. Holscher and George E. Clough, Deputy County Attys., for Lincoln County, North Platte, Neb., for respondents.

URBOM, Chief Judge.

William Glenn Cochran has been charged by the State of Nebraska with the murder of Louis Brigman. William's two brothers, James Russell Cochran and Norman Wayne Cochran, are in custody by virtue of the Nebraska Material Witness Statute, § 29-507, Neb.R.R.S.1943, which states:

"When the magistrate is satisfied that any witness against the accused will not appear and testify at the trial, he may, when the offense charged is a felony...

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