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MAXWELL v. BISHOP

No. 18746.

398 F.2d 138 (1968)

William L. MAXWELL, Appellant, v. O. E. BISHOP, Superintendent, Arkansas State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

Certiorari Granted December 16, 1968.

Attorney(s) appearing for the Case

Anthony G. Amsterdam, Philadelphia, Pa., for appellant, Jack Greenberg, Norman C. Amaker and Michael Meltsner, New York City, and George Howard, Jr., Pine Bluff, Ark., on the brief.

R. D. Smith, III, Asst. Atty. Gen., State of Arkansas, Little Rock, Ark., for appellee, Joe Purcell, Atty. Gen., State of Arkansas, on the brief.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

Certiorari Granted December 16, 1968. See 89 S.Ct. 488.

BLACKMUN, Circuit Judge.

William L. Maxwell, a Negro and an Arkansas prisoner under sentence of execution on his 1962 conviction for the state crime of rape, as defined by Ark. Stat.Ann. § 41-3401 (Repl. 1964),1 petitions a second time for a federal writ of habeas corpus and, with its denial, a second time appeals. The points now urged to us are (1) that a prima facie...

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