SHINALL v. BREAZEALE

No. 25807.

404 F.2d 785 (1968)

Cloudies SHINALL, Appellant, v. C. E. BREAZEALE, Superintendent of the Mississippi State Penitentiary, Appellee.

United States Court of Appeals Fifth Circuit.

December 19, 1968.


Attorney(s) appearing for the Case

Jack H. Young, Jackson, Miss., Barbara A. Morris, New York City, for appellant.

Joe T. Patterson, Atty.Gen., Jackson, Miss., for appellee.

Before DYER and SIMPSON, Circuit Judges, and CABOT, District Judge.


CABOT, District Judge:

Cloudies Shinall, state prisoner, appeals from the denial of his petition for writ of habeas corpus. Petitioner was convicted of murder on August 6, 1966, in the Circuit Court of Forrest County, Mississippi. Inasmuch as the jury in its verdict did not recommend mercy, the trial judge was required to and did impose the death penalty. This was the second trial for petitioner, an earlier conviction and...

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