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ERVING v. SIGLER

Civ. No. 1625 L.

327 F.Supp. 778 (1971)

Jerome ERVING, Jr., Petitioner, v. Maurice H. SIGLER, Warden of Nebraska Penal and Correctional Complex, Respondent.

United States District Court, D. Nebraska.

April 13, 1971.

Attorney(s) appearing for the Case

Thomas C. Emery, Omaha, Neb., for petitioner.

Mel Kammerlohr, Asst. Atty. Gen., for respondent.

MEMORANDUM OF DECISION

URBOM, District Judge.

The petitioner, Jerome Erving, Jr., is presently incarcerated in the Nebraska Penal and Correctional Complex pursuant to his May 20, 1965, conviction for murder in the perpetration of a robbery. Erving, together with two co-defendants, was tried in the District Court of Douglas County, Nebraska, before a jury which returned a verdict of guilty against two of the defendants while acquitting the third.

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