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U. S. EX REL. COOK v. PARKINSON

No. CIV. 74-4023.

396 F.Supp. 473 (1975)

U. S. ex rel. Donald M. COOK v. Gerald PARKINSON, etc.

United States District Court, D. South Dakota.

April 21, 1975.

Attorney(s) appearing for the Case

Terry L. Pechota, Mission, S. D., Art Bunce, Escondido, Cal., for petitioner.

Tom D. Tobin, Winner, S. D., Lawrence E. Long, Martin, S. D., William Janklow, Atty. Gen., of S. D., Pierre, S. D., for respondent.

MEMORANDUM OPINION

BOGUE, District Judge.

Petitioner Donald M. Cook has brought this action under 28 U.S.C. § 2241 et seq., the Federal Habeas Corpus Act, in an effort to secure his release from what he asserts is unlawful detention. The petitioner was convicted of the crime of third degree burglary which occurred in the city of Martin, County of Bennett, South Dakota. He was sentenced on June 4, 1971, in the Circuit Court of South Dakota, Sixth Judicial...

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