HORSLEY v. SIMPSON

No. 25557.

400 F.2d 708 (1968)

William Leon HORSLEY, Appellant, v. C. M. SIMPSON, Warden, Kilby Prison, Montgomery, Alabama, Appellee.

United States Court of Appeals Fifth Circuit.

September 16, 1968.


Attorney(s) appearing for the Case

Charles Stakely, Montgomery, Ala., for appellant.

David W. Clark, Asst. Atty. Gen., Montgomery, Ala., for appellee.

Before GEWIN and THORNBERRY, Circuit Judges, and EDENFIELD, District Judge.


GEWIN, Circuit Judge:

Appellant was convicted by a jury on September 27, 1962, in the Circuit Court of Saint Clair County, Alabama, of having carnal knowledge of his seven-year-old daughter. He was sentenced to the state penitentiary for a term of twenty years. After the adverse jury verdict, Appellant's counsel neither moved the court for a new trial nor appealed the case to the state appellate court. Appellant twice petitioned the sentencing court for a writ of...

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