WHITE v. SOLEM

Civ. 78-4121.

481 F.Supp. 925 (1979)

Charles James WHITE, Petitioner, v. Herman SOLEM, Warden of the South Dakota State Penitentiary, Sioux Falls, South Dakota, Respondent.

United States District Court, South Dakota, S. D.

July 12, 1979.


Attorney(s) appearing for the Case

David L. Ganje, Aberdeen, S. D., for petitioner.

John Guhin, Asst. Atty. Gen., Pierre, S. D., for respondent.


MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner, Charles James White, was convicted of burglary in the third degree (SDCL 22-32-9). A resume of the factual background will be helpful in setting forth the issues raised by the Petitioner in this ancient and honorable Writ of Habeas Corpus.

The facts of the case indicate that the Defendant and seven others were tracked from the location of Gunner's Pub in Roberts County by a night patrolman. He...

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