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RHEA v. EDWARDS

Civ. No. 1792.

136 F.Supp. 671 (1955)

Charles RHEA, Petitioner, v. James E. EDWARDS, Warden, Defendant.

United States District Court M. D. Tennessee, Nashville Division.

December 13, 1955.

Attorney(s) appearing for the Case

William H. Crabtree, Nashville, Tenn., for petitioner.

Nat Tipton, Asst. Atty. Gen. of Tennessee, for defendant.

DAVIES, District Judge.

This is a habeas corpus action in which petitioner, Charles Rhea, seeks his release from state custody under a sentence of life imprisonment, on the grounds that the Tennessee Habitual Criminal Act as originally enacted, Chapter 22, Public Acts of Tennessee, 1939, Williams' Tenn.Code 1934 (1949 Supp.), §§ 11863.1 to 11863.8, under which he was sentenced, is repugnant to the Constitution of the United States and is, therefore, void...

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