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GRACE v. RUSSELL

Civ. A. No. 2240.

296 F.Supp. 477 (1968)

James GRACE, Petitioner, v. Lake F. RUSSELL, Warden, Tennessee State Penitentiary, Nashville, Tennessee, Respondent.

United States District Court E. D. Tennessee, Northeastern Division.

Supplemental Opinion September 17, 1968.

Attorney(s) appearing for the Case

John S. McLellan, Jr., Kingsport, Tenn. (appointed), for petitioner.

David W. McMackin, Asst. Atty. Gen., Nashville, Tenn., for respondent.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The petitioner Mr. Grace, now being held in custody under a sentence of life imprisonment by the respondent warden of a Tennessee penitentiary, pursuant to the judgment of the Criminal Court of Washington County, Tennessee on convictions of armed robbery and being an habitual criminal, has applied for the federal writ of habeas corpus claiming that he is in such custody in violation of the Constitution...

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