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UNITED STATES EX REL. MAXEY v. MORRIS

No. 774026.

440 F.Supp. 56 (1977)

UNITED STATES of America ex rel. Harold D. MAXEY and Robert P. Maxey, Petitioners, v. Ernest MORRIS, Warden, Menard Correctional Center, and Charles J. Rowe, Acting Director, Illinois Department of Corrections, Respondents.

United States District Court, E. D. Illinois.

November 28, 1977.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Asst. State Appellate Defender, Springfield, Ill., for petitioners.

John Prusik, Asst. Atty. Gen., State of Ill., Chicago, Ill., for respondents.

DECISION AND ORDER

ROBERT D. MORGAN, District Judge, Sitting by Designation.

Petitioners are incarcerated in the Illinois State Penitentiary at Menard. They seek a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Two separate grounds are asserted which they contend entitle them to a writ. The first is that petitioners were not proven guilty beyond a reasonable doubt. The second is that petitioners were...

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