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CLARK v. ALLGOOD

Misc. No. 847.

258 F.Supp. 773 (1966)

Earl CLARK v. J. Wayne ALLGOOD, Warden, Louisiana State Penitentiary.

United States District Court E. D. Louisiana, Baton Rouge Division.

September 23, 1966.

Attorney(s) appearing for the Case

John P. Dowling, Victor P. LeBeau, New Orleans, La., for petitioner.

Jack P. F. Gremillion, Atty. Gen. of Louisiana, Teddy W. Airhart, Jr., Asst. Atty. Gen., David French, Sp. Counsel, Baton Rouge, La., Leander H. Perez, Jr., Dist. Atty., Eugene Leon, Jr., Asst. Dist. Atty., 25th Judicial District, Pointe-a-La-Hache, La., for respondent.

WEST, District Judge:

Petitioner, Earl Clark, seeks a writ of habeas corpus. He is presently confined at Louisiana State Penitentiary at Angola, Louisiana, awaiting execution of the death sentence, having been convicted in May of 1961 of the crime of aggravated rape. He urges several grounds for the issuance of the writ, including (1) that the District Attorney improperly referred to a confession in his opening statement to the jury, but that no confession was ever...

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