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GROSS v. BISHOP

No. 18669.

377 F.2d 492 (1967)

Billy GROSS, Appellant, v. O. E. BISHOP, Superintendent of the Arkansas State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

May 18, 1967.

Attorney(s) appearing for the Case

W. P. Hamilton, Little Rock, Ark., for appellant on brief.

Joe Purcell, Atty. Gen., Little Rock, Ark., and R. D. Smith, III, Asst. Atty. Gen., for appellee on brief.

Before VOGEL, Chief Judge, and BLACKMUN and HEANEY, Circuit Judges.

BLACKMUN, Circuit Judge.

Billy Gross, a prisoner in the state penitentiary at Grady, Arkansas, appeals, in forma pauperis and with appointed counsel, from the denial of his petition for a writ of habeas corpus. Judge Harris issued the certificate of probable cause required by 28 U.S.C. § 2253, and we must review. Nowakowski v. Maroney, 386 U.S. 542, 87 S.Ct. 1197, 18 L. Ed.2d 282 (1967).

The primary facts are not in dispute...

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