YATES v. BREAZEALE

Civ. A. No. GC662.

266 F.Supp. 360 (1967)

Philip G. YATES, Petitioner, v. C. E. BREAZEALE, Superintendent of Mississippi State Penitentiary, Parchman, Mississippi, Respondent.

United States District Court N. D. Mississippi, Greenville Division.

March 24, 1967.


Attorney(s) appearing for the Case

Alvin J. Bronstein, Lawyers Constitutional Defense Committee, Jackson, Miss., for petitioner.

G. Garland Lyell, Jr., Asst. Atty. Gen. of Mississippi, Jackson, Miss., for respondent.


OPINION OF THE COURT

CLAYTON, Chief Judge.

The petition for habeas corpus of Philip G. Yates, who is a prisoner in the penitentiary under a death sentence imposed by a Mississippi court, is now before this court for the second time. Upon its first consideration here, this court abstained for a period of four months to permit exhaustion of state remedies by petitioner as is required by the habeas statute.1 Yates v. Breazeale,...

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