MEMORANDUM OPINION
NEESE, District Judge.
The petitioner Mr. Sheridan Ray Cagle, a person represented by retained counsel and in custody of the respondent warden pursuant to the judgment of November 27, 1972 of the Criminal Court of Hamblen County, Tennessee, applied to this Court for the federal writ of habeas corpus, claiming that he is in such custody in violation of his federal rights to due process of law,
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