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McILVAINE v. HENDERSON

Misc. No. 1012.

295 F.Supp. 60 (1969)

Daniel Edward McILVAINE v. C. Murray HENDERSON, Warden of Louisiana State Penitentiary.

United States District Court E. D. Louisiana, Baton Rouge Division.

January 27, 1969.

Attorney(s) appearing for the Case

Richard A. Dowling, New Orleans, La., for petitioner.

Jack P. F. Gremillion, Atty. Gen., State of Louisiana, Kenneth C. DeJean, Sp. Counsel to Atty. Gen., Baton Rouge, La., for respondent.

WEST, Chief Judge:

Petitioner, Daniel Edward McIlvaine, presently incarcerated in Louisiana State Penitentiary, seeks a writ of habeas corpus. He is serving a fifteen year sentence imposed upon him on November 27, 1962, for violation of Louisiana Revised Statutes 40:962, i. e., having on the 19th of March, 1962, possession of twenty tablets of Morphine and two tablets of Dilaudid. In July of 1966 petitioner filed an application with this Court for a writ of habeas...

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