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UNITED STATES v. DEPARTMENT OF CORRECTIONS OF STATE OF DEL.

No. 66.

268 F.Supp. 242 (1967)

UNITED STATES of America, ex rel. Samuel PRIEST, Petitioner, v. The DEPARTMENT OF CORRECTIONS OF the STATE OF DELAWARE ex rel. William NARDINI, Commissioner, Respondent.

United States District Court D. Delaware.

May 24, 1967.

Attorney(s) appearing for the Case

James F. Kipp, Wilmington, Del., for petitioner.

Jay P. James, Deputy Atty. Gen. of State of Delaware, Wilmington, Del., for respondent.

OPINION

LAYTON, District Judge.

The petitioner, Samuel J. Priest, was convicted of robbery in the Delaware Superior Court. His conviction and the denial of his motion in Superior Court to "correct an illegal sentence" were affirmed on appeal by the Delaware Supreme Court. Priest v. State of Delaware, 227 A.2d 576 (Del.1967). This petition for a writ of habeas corpus was thereupon filed.

The facts are not in dispute...

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