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GRIFFIN v. STATE OF LOUISIANA

No. 25087

395 F.2d 991 (1968)

Layton GRIFFIN, Jr., Fletcher Anderson and Bruce Baines, Appellants, v. STATE OF LOUISIANA, Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1968.

Attorney(s) appearing for the Case

Alvin J. Bronstein, Jackson, Miss., Richard B. Sobol, New Orleans, La., Collins, Douglas & Elie, New Orleans, La., for appellants.

Jack P. Gremillion, Atty. Gen., William P. Schuler, Second Asst. Dist. Atty., Baton Rouge, La., Woodrow W. Erwin, Dist. Atty., Franklinton, La., for appellee.

Before BROWN, Chief Judge, DYER, Circuit Judge, and GARZA, District Judge.

PER CURIAM:

Appellants were indicted for murder in the Louisiana state court and they thereafter removed the cases to the District Court, pursuant to 28 U.S.C.A. § 1443 (1), relying upon State of Georgia v. Rachel, 1966, 384 U.S. 780, 790, 86 S.Ct. 1783, 16 L.Ed.2d 925. The court below remanded to the state court, holding that Rachel authorized removals only when the state court prosecution, as shown by the indictment, was...

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