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FAIRBANKS v. COWAN

No. 76-1154.

551 F.2d 97 (1977)

Jack FAIRBANKS, Petitioner-Appellant, v. Henry E. COWAN, Superintendent, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 3, 1977.

Rehearing and Rehearing Denied April 14, 1977.

Attorney(s) appearing for the Case

J. Vincent Aprile, II, Asst. Public Defender, Frankfort, Ky., for petitioner-appellant.

Edward W. Hancock, Atty. Gen. of Kentucky, Raymond Larson, Frankfort, Ky., for respondent-appellee.

Before WEICK, EDWARDS and PECK, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 14, 1977.

WEICK, Circuit Judge.

Fairbanks has appealed to this Court from an order of the District Court denying his application for a writ of habeas corpus. He had been convicted by a jury in the Circuit Court of McCracken County, Kentucky of the offense of sodomy (Ky.Rev.Stat. § 436.050) with Charles Crittendon. He was sentenced to two years imprisonment. He was defended by counsel from the Public Defenders...

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