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KIMBRO v. HEER

No. 16652.

364 F.2d 116 (1966)

Carl KIMBRO, Petitioner-Appellant, v. Henry HEER, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

August 5, 1966.

Attorney(s) appearing for the Case

John G. Doak, Nashville, Tenn. (Court-appointed), for appellant.

Henry C. Foutch, Asst. Atty. Gen., of Tennessee, Nashville, Tenn., George F. McCanless, Atty. Gen., and Reporter of Tennessee, of counsel, for appellee.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

This is the second habeas corpus case which petitioner has appealed to this court. On the former appeal we affirmed the judgment of the district court denying the writ. Kimbro v. Bomar, 333 F.2d 755 (C.A.6).

Petitioner was convicted in the Criminal Court of Shelby County, Tennessee, for murder in the first degree and his punishment was fixed by the jury at

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