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HENSLEE v. STEWART

No. 17148.

311 F.2d 691 (1963)

Lee HENSLEE, Superintendent of Arkansas State Penitentiary, Appellant, v. Clarence STEWART, Jr., Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied February 6, 1963.

Attorney(s) appearing for the Case

Jack L. Lessenberry, Chief Asst. Atty. Gen., Little Rock, Ark., for appellant and J. Frank Holt, Atty. Gen., on the brief.

Wiley A. Branton, Pine Bluff, Ark., for appellee and Harold B. Anderson, Little Rock, Ark., on the brief.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.

PER CURIAM.

This is an appeal by the Superintendent of the Arkansas State Penitentiary from an order1 entered upon the amended petition of Clarence Stewart, Jr., for a writ of habeas corpus.

Stewart, a Negro then about 21 years of age, was charged, by information filed in Pulaski County, Arkansas, with the crime of murder in the first degree. He was convicted by a jury at the March 1960 term of the Circuit Court, First Division...

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