Court of Appeals for the Seventh Circuit June 13, 1963, 13737 (United States of America Ex Rel Leodis Smart, Relator-Appellant v. Frank J. Pate, Warden)

SCHNACKENBERG, Circuit Judge.

Pursuant to our grant of a certificate of probable cause, Leodis Smart, relator, has appealed from the district court’s order of April 16, 1962, which dismissed his application for a writ of habeas cor

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pus, on motion of respondent, Frank J. Pate, warden of the Illinois State Penitentiary (Stateville Branch), filed pursuant to 28 U.S.C.A. § 2254.