MOORER v. STATE OF SOUTH CAROLINA

No. 10526.

368 F.2d 458 (1966)

Louis MOORER, Appellant, v. STATE OF SOUTH CAROLINA and Ellis C. MacDougall, Director, South Carolina State Board of Corrections, Appellees.

United States Court of Appeals Fourth Circuit.

Memorandum and Order July 18, 1966.

Opinion Filed September 26, 1966.


Attorney(s) appearing for the Case

Jack Greenberg, New York City (Norman C. Amaker, James M. Nabrit, III, Michael Meltsner, New York City, Matthew J. Perry, Columbia, S. C., and F. Henderson Moore, Charleston, S. C., on the brief) for appellant.

E. N. Brandon, Asst. Atty. Gen. of South Carolina (Daniel R. McLeod, Atty. Gen. of South Carolina, and Julian S. Wolfe, Sol., First Judicial Circuit, on the brief) for appellees.

Before SOBELOFF, BOREMAN and J. SPENCER BELL, Circuit Judges.


MEMORANDUM and ORDER

PER CURIAM:

On August 18, 1965, the District Court conducted a hearing on a petition by Louis Moorer for a writ of habeas corpus. Moorer, a Negro, is under sentence of death after conviction in a jury trial in a South Carolina state court for the rape of a white woman.

In support of his petition he alleges, inter alia, that in South Carolina the death penalty for rape has been applied in a racially discriminatory manner...

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