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UNITED STATES EX REL. NASH v. ANDERSON

No. 174.

360 F.Supp. 866 (1973)

UNITED STATES of America ex rel. Sidney L. NASH and Homer U. Wheat, Petitioners, v. Raymond W. ANDERSON, Warden Delaware Correctional Center, Respondent.

United States District Court, D. Delaware.

July 10, 1973.

Attorney(s) appearing for the Case

Lawrence M. Sullivan and Arlen B. Mekler, Public Defenders, Wilmington, Del., for petitioner Nash.

Joseph A. Rosenthal of Cohen, Morris & Rosenthal, Wilmington, Del., for petitioner Wheat.

Francis A. Reardon, John P. Daley and Daniel F. Wolcott, Jr., Deputy Attys. Gen., Wilmington, Del., for respondent.

MEMORANDUM OPINION AND ORDER

LATCHUM, District Judge.

Sidney L. Nash ("Nash") and Homer U. Wheat ("Wheat") State prisoners, have petitioned this Court in a joint application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In separate trials in the Superior Court of the State of Delaware in and for New Castle County, each was convicted by a jury for the possession of heroin with intent to sell, in violation of 16 Del.C. § 4725 (Count 1...

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