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MITCHELL v. HENDERSON

No. 28861 Summary Calendar.

432 F.2d 435 (1970)

Earl MITCHELL, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 8, 1970.

Attorney(s) appearing for the Case

Earl Mitchell, pro se.

Jack P. F. Gremillion, Atty. Gen. of La., Baton Rouge, La., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Mitchell appeals from the District Court's dismissal of his petition for habeas corpus relief. We reverse and remand for an evidentiary hearing.

I.

After pleading guilty, appellant was convicted of rape. A state trial court sentenced him to life imprisonment. Mitchell contends, inter alia, that his guilty plea was precipitated by a coerced confession, which the police allegedly obtained by utilizing threats and physical...

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