HARVEY v. STATE OF MISSISSIPPI

No. 22005.

340 F.2d 263 (1965)

Clyde HARVEY, Appellant, v. STATE OF MISSISSIPPI, Appellee.

United States Court of Appeals Fifth Circuit.

January 12, 1965.


Attorney(s) appearing for the Case

Anthony G. Amsterdam, Philadelphia, Pa., R. Jess Brown, Jackson, Miss., Jack Greenberg, New York City, for appellant.

Harold W. Davidson, James E. Smith, Carthage, Miss., for appellee.

Before TUTTLE, Chief Judge, JONES and ANDERSON, Circuit Judges.


TUTTLE, Chief Judge:

On July 10, 1964, Clyde Harvey, a Negro farmer living nine or ten miles from Corinth, Mississippi, was stopped on the way home from town and arrested without a warrant, taken to jail and charged with "possession of whiskey." This is a misdemeanor under the Mississippi Statute punishable by a fine of up to $500 and up to 90 days in jail.1

On July 13, Harvey went to the home of the Justice of the Peace. In the...

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