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MITCHELL v. STEPHENS

No. 17835.

353 F.2d 129 (1965)

Lonnie MITCHELL, Appellant, v. Dan D. STEPHENS, Superintendent of Arkansas State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

November 24, 1965.

Attorney(s) appearing for the Case

Christopher Mercer, Sidney S. McMath and John P. Sizemore, Little Rock, Ark., for appellant.

Bruce Bennett, Atty. Gen., of Arkansas, and Jack L. Lessenberry, Chief Asst. Atty. Gen., for appellee.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

BLACKMUN, Circuit Judge.

Again we are confronted with a habeas corpus attack on an Arkansas state court conviction and death sentence for interracial rape. The case presents issues which, in this day, are sensitive. Some of them are similar to those we have considered recently in Bailey v. Henslee, 287 F.2d 936 (8 Cir. 1961), cert. denied 368 U.S. 877, 82 S.Ct. 121, 7 L.Ed.2d 78; Henslee v. Stewart, 311 F.2d 691

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