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UNITED STATES EX REL. BURKE v. ERICKSON

Civ. No. 70-46S.

315 F.Supp. 476 (1970)

UNITED STATES ex rel. Robert F. BURKE, Petitioner, v. Donald R. ERICKSON, Respondent.

United States District Court, D. South Dakota, S. D.

July 31, 1970.

Attorney(s) appearing for the Case

John Simko, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for petitioner.

Roger A. Schiager, Special Asst. Atty. Gen., Sioux Falls, S. D., for respondent.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner Robert F. Burke has filed in this court an application seeking federal habeas corpus relief under 28 U.S.C. Sec. 2241. He is presently serving a six year sentence imposed on December 8, 1967, by the state circuit court upon the petitioner's plea of guilty to a state charge of embezzlement by a bailee under SDC 13.4006 (1939), now SDCL 22-38-6 (1967).

Counsel for petitioner and the state were able...

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