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U. S. EX REL. WILSON v. WARDEN, ILL. STATE PEN.

Nos. 78-1560, 78-1561.

600 F.2d 66 (1979)

UNITED STATES of America ex rel. Rommel X. WILSON, Petitioner-Appellee, Cross-Appellant, v. WARDEN, ILLINOIS STATE PENITENTIARY, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 21, 1979.

Rehearing and Rehearing Denied June 11, 1979.

Attorney(s) appearing for the Case

Kenneth N. Flaxman, Chicago, Ill., for petitioner-appellee, cross-appellant.

Melbourne A. Noel, Jr., Chicago, Ill., for respondent-appellant, cross-appellee.

Before TONE, Circuit Judge, WISDOM, Senior Circuit Judge, and BAUER, Circuit Judge.

Rehearing and Rehearing In Banc Denied June 11, 1979.

PER CURIAM.

The appellant Rommel X. Wilson and codefendant Ronald Burbank were charged in a three count indictment for the murder of a shoe store proprietor named Mihran Boghosian. Each count of the indictment was based on a separate theory of murder under Illinois law: (1) intentionally and knowingly killing Boghosian without lawful justification; (2) shooting Boghosian with the knowledge that such action...

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