MAXWELL v. STEPHENS

No. 17729.

348 F.2d 325 (1965)

William L. MAXWELL, Appellant, v. Dan D. STEPHENS, Superintendent of Arkansas State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

June 30, 1965.


Attorney(s) appearing for the Case

Frank H. Heffron, New York City and George Howard, Jr., Pine Bluff, Ark., Jack Greenberg and James M. Nabrit, III, New York City, and Harold B. Anderson, Little Rock, Ark., and also Leroy D. Clark and Michael Meltsner, New York City, of counsel, for appellant.

Jack L. Lessenberry, Chief Asst. Atty. Gen., Little Rock, Ark., Bruce Bennett, Atty. Gen., Little Rock, Ark., on the brief, for appellee.

Before MATTHES, BLACKMUN, and RIDGE, Circuit Judges.


BLACKMUN, Circuit Judge.

William L. Maxwell, a Negro possessing an eighth grade education, stands convicted by a jury in the Circuit Court of Garland County, Arkansas, of the crime of rape, as defined by § 41-3401, Arkansas Statutes 1947. The offense was committed on November 3, 1961. Maxwell at the time was 21 years of age. The jury did not "render a verdict of life imprisonment in the State penitentiary at hard labor", as it had the right to do under §...

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