UNITED STATES v. PATE

No. 14253.

345 F.2d 691 (1965)

UNITED STATES ex rel. Theodore ROBINSON, Petitioner-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

May 3, 1965.


Attorney(s) appearing for the Case

Theodore Robinson, John C. Tucker, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., of Illinois, Edward A. Berman, Asst. Atty. Gen., Chicago, Ill., Richard A. Michael, Asst. Attys. Gen., of counsel, for appellee.

Before SCHNACKENBERG, KNOCH and KILEY, Circuit Judges.


KILEY, Circuit Judge.

The district court denied, without hearing evidence, Robinson's petition under the Habeas Corpus Act, 28 U.S.C. §§ 2241-2254, to vacate his state conviction for murder and his life sentence. He has appealed, represented by counsel appointed by this court. We reverse and remand.

The district court in denying the petition relied upon the record and transcript of the murder trial without a jury in the Criminal Court of Cook County...

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