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McDONALD v. KROPP

No. 16742.

373 F.2d 549 (1967)

J. C. McDONALD, Petitioner-Appellee, v. George A. KROPP, Warden, State Prison of Southern Michigan, Respondent-Appellant.

United States Court of Appeals Sixth Circuit.

February 7, 1967.

Attorney(s) appearing for the Case

Luke Quinn, Asst. Atty. Gen., Lansing, Mich., Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief, for appellant.

Sherwin Tukel (Court Appointed), Detroit, Mich., for appellee.

Before O'SULLIVAN, Circuit Judge, CECIL, Senior Circuit Judge, and MATHES, Senior District Judge.

O'SULLIVAN, Circuit Judge.

We deal here with an order of a United States District Court directing the release from a Michigan State Penitentiary of appellee, J. C. McDonald who, in 1948, was there confined upon his plea of guilty to first degree murder. The District Judge concluded that the plea was involuntary. Petitioner has never denied, and has at all times admitted that in the predawn hours of January 8, 1948, he bludgeoned and fatally wounded a gas station owner...

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