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HAMM v. JABE

No. 82-1443.

706 F.2d 765 (1983)

William Ernest HAMM, Plaintiff-Appellant, v. John JABE, Superintendent, Kinross Correctional Facility, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 10, 1983.

Attorney(s) appearing for the Case

Bruce T. Leitman (argued), Bloomfield Hills, Mich., for plaintiff-appellant.

Frank J. Kelley, Atty. Gen. of Mich., Louis J. Caruso, Sol. Gen., Thomas C. Nelson, Asst. Atty. Gen. (argued), Corrections Div., Crim. Appeals Section, Lansing, Mich., for defendant-appellee.

Before KENNEDY, MARTIN and WELLFORD, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

William Ernest Hamm appeals the denial of his petition for a writ of habeas corpus. Hamm contends that his convictions of first degree murder and assault with intent to murder were obtained in violation of the fifth amendment's prohibition against double jeopardy.

In July, 1975, Hamm was arraigned in Michigan state court and charged with murdering Dr. Charles Hoyt and assaulting Dr. Hoyt's wife. Defense counsel, questioning...

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