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McLEAN v. STATE OF MISSISSIPPI

No. 8739.

96 F.2d 741 (1938)

McLEAN v. STATE OF MISSISSIPPI ex rel. ROY. STATE OF MISSISSIPPI ex rel. ROY v. McLEAN.

Circuit Court of Appeals, Fifth Circuit.

May 12, 1938.

Attorney(s) appearing for the Case

Fred H. Montgomery and Ed. C. Brewer, both of Clarksdale, Miss., for appellant and cross-appellee.

Gerald Fitzgerald of Clarksdale, Miss., for appellee and cross-appellant.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Ephriam R. McLean was during 1934 sheriff of Bolivar county, Miss., and had given an official bond payable to the State of Mississippi with United States Fidelity & Guaranty Company as surety. During that year an atrocious murder was committed in the county, without eyewitnesses. The county supervisors employed police officers in Memphis, Tenn., to help discover the murderer. R. L. Roy was suspected, and the prosecuting attorney of Bolivar...

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