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UNITED STATES EX REL. CROSSMAN v. PATE

No. 16757.

440 F.2d 535 (1971)

UNITED STATES of America ex rel. William W. CROSSMAN, Petitioner-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

March 11, 1971.

Attorney(s) appearing for the Case

P. Phillips Connor, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Joel M. Flaum, Warren K. Smoot, James R. Streicker, Asst. Attys. Gen., Chicago, Ill., for respondent-appellee.

Before KILEY, PELL and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

In 1960 petitioner pleaded guilty to two acts of forcible rape and received consecutive sentences of 30 years from the Circuit Court of Kendall County, Illinois. In his federal habeas corpus petition he alleged that the failure to hold a sanity hearing before accepting his plea was constitutional error.1 The district court denied the petition on the basis of the state record.

This court granted a certificate...

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