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ANDERSON v. JOHNSON

No. 16533.

371 F.2d 84 (1966)

Brooks Lee ANDERSON, Petitioner-Appellant, v. Wilburn C. JOHNSON, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 22, 1966.

Attorney(s) appearing for the Case

J. Brad Reed, Nashville, Tenn. (Court appointed), for appellant, J. O. Bass, Jr., Nashville, Tenn. (Court appointed), on brief.

Ed R. Davies, Special Counsel, Nashville, Tenn., for appellees, Henry C. Foutch, Asst. Atty. Gen., State of Tennessee, Nashville, Tenn., on brief, George F. McCanless, Atty. Gen., and Reporter, State of Tennessee, Nashville, Tenn., of counsel.

Before PHILLIPS, Circuit Judge, and McALLISTER and CECIL, Senior Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

This is an appeal from the order of the district court denying appellant's petition for a writ of habeas corpus.

Appellant, a Negro, was tried in the Circuit Court of Maury County, Tennessee, in 1949, under an indictment charging him with the crime of rape of a girl under fifteen years of age. The jury returned a verdict of guilty and fixed his sentence at forty-nine years and one day. Details as to appellant's previous criminal...

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