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YATES v. BREAZEALE

No. 24792.

402 F.2d 113 (1968)

Philip G. YATES, Appellant, v. C. E. BREAZEALE, Superintendent of the Mississippi State Penitentiary, Appellee.

United States Court of Appeals Fifth Circuit.

Dissenting Opinion As Corrected November 5, 1968.

Attorney(s) appearing for the Case

Alvin J. Bronstein, Jackson, Miss., Darryl A. Hurt, Lucedale, Miss., Richard Sobol, New Orleans, La., Armand Derfner, Jackson, Miss., for appellant.

G. Garland Lyell Jr., Jackson, Miss., for appellee.

Before GEWIN and COLEMAN, Circuit Judges, and HUGHES, District Judge.

COLEMAN, Circuit Judge:

Under Mississippi law, every person convicted of murder shall suffer death in the gas chamber at the State Prison unless the jury rendering the verdict shall fix punishment at imprisonment in the penitentiary for life or unless the jury disagrees as to the punishment, in which case the court shall fix punishment at imprisonment for life, §§ 2217, 2550, Mississippi Code 1942. In practice, many defendants are permitted, in the discretion...

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