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UNITED STATES v. RANDOLPH

Misc. No. 149-D.

161 F.Supp. 553 (1958)

UNITED STATES of America, ex rel. Leonard J. VRANIAK, Petitioner, v. Ross V. RANDOLPH, Warden, Illinois State Penitentiary, Menard Branch, Menard, Illinois, Respondent.

United States District Court E. D. Illinois.

May 5, 1958.

Attorney(s) appearing for the Case

John A. Lambright, Danville, Ill., for petitioner.

Fred G. Leach, Asst. Atty. Gen., Benjamin I. Norwood, Jr., Asst. Atty. Gen., Latham Castle, Atty. Gen., for respondent.

PLATT, Chief Judge.

Leonard J. Vraniak, an inmate of the Illinois State Penitentiary at Menard, Illinois, presents an amended petition for writ of habeas corpus in which he challenges the constitutionality of the following Illinois statute under which he was convicted and sentenced:

"Whoever conveys into the penitentiary, or into any jail or other place of confinement, any disguise, instrument, tool, weapon or...

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