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LABAT v. BENNETT

No. 22218.

365 F.2d 698 (1966)

Edgar LABAT and Clifton Alton Poret, Appellants, v. Robert B. BENNETT, Acting Warden, Louisiana State Penitentiary, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 30, 1966.

Attorney(s) appearing for the Case

Benjamin E. Smith, Gerald H. Schreiber, G. Wray Gill, New Orleans, La., Edward Bennett Williams, Washington, D. C., for appellants.

John E. Jackson, Jr., Asst. Atty. Gen., New Orleans, La., Jack P. F. Gremillion, Atty. Gen. State of Louisiana, Baton Rouge, La., M. E. Culligan, Asst. Atty. Gen. State of Louisiana, New Orleans, La., for appellee.

Before TUTTLE, Chief Judge, and BROWN, WISDOM, GEWIN, BELL, THORNBERRY, and COLEMAN, Circuit Judges.

WISDOM, Circuit Judge:

"The law hath not been dead, though it hath slept."1

"Death" for thirteen years has kept close tab on Edgar Labat and Clifton Poret. March 23, 1953, an all-white jury in the Criminal District Court for the Parish of Orleans, Louisiana, found Labat and Poret, the two Negro petitioners in this habeas corpus proceeding, guilty of the aggravated rape of a white woman. The jury brought in no recommendation of...

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