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HENDERSON v. TOLLETT

No. 71-1451.

459 F.2d 237 (1972)

Willie Lee HENDERSON, Petitioner-Appellee, v. Lewis S. TOLLETT, Warden, Brushy Mountain State Farm, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

April 20, 1972.

Attorney(s) appearing for the Case

H. Fred Hoefle, Cincinnati, Ohio (Court appointed), for appellee.

R. Jackson Rose, Nashville, Tenn., for appellant; David M. Pack, Atty. Gen., of counsel.

Before PHILLIPS, Chief Judge, and CELEBREZZE and MILLER, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from a decision of the United States District Court for the Middle District of Tennessee, granting a petition for habeas corpus.

On January 22, 1948 a Nashville, Tenn. liquor store employee was shot and seriously wounded in an abortive hold-up attempt. Police arrested Petitioner, Willie Lee Henderson, a Negro and two other men, in connection with the crime. The three were charged with robbery and attempted murder...

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