STEWART v. BISHOP

No. 18148.

403 F.2d 674 (1968)

Clarence STEWART, Jr., Appellant, v. O. E. BISHOP, Superintendent of Arkansas State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

November 21, 1968.


Attorney(s) appearing for the Case

Harold B. Anderson, Little Rock, Ark., for appellant.

Larry W. Chandler, Asst. Atty. Gen., of Arkansas, Little Rock, Ark., for appellee; Bruce Bennett, Previous Atty. Gen., and Jack L. Lessenberry, Asst., Atty. Gen., on brief.

Before VAN OOSTERHOUT, Chief Judge, and BLACKMUN and LAY, Circuit Judges.


VAN OOSTERHOUT, Chief Judge.

The threshold issue before us is whether this court has acquired jurisdiction to review either or both of the two orders entered by the District Court in a habeas corpus proceeding instituted in such court by petition of Clarence Stewart, Jr., hereinafter referred to as defendant, wherein he asserts he is being illegally detained by the defendant, the superintendent of the Arkansas State Penitentiary...

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