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UNITED STATES v. HARPOLE

No. 17300.

263 F.2d 71 (1959)

UNITED STATES of America ex rel. Robert Lee GOLDSBY, Appellant, v. William HARPOLE, Superintendent of the Mississippi State Penitentiary, Parchman, Mississippi, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 17, 1959.

Attorney(s) appearing for the Case

George N. Leighton, Chicago, Ill., for appellant.

Joe T. Patterson, Atty. Gen., J. R. Griffin, Asst. Atty. Gen., Ross R. Barnett, Jackson, Miss., for appellee.

Before RIVES, BROWN, and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

On September 4, 1954, Bryant Nelms, a white man, and Mrs. Moselle McCorkle Nelms, his wife, were shot by one or more Negroes firing from an automobile after Nelms had ordered the Negroes to leave his gasoline filling station and dairy bar near Vaiden, Mississippi. Mrs. Nelms was killed. Later that same day, Robert Lee Goldsby and several other Negroes in an automobile with him were apprehended and lodged in jail. There was evidence to the effect...

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