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BAILEY v. MacDOUGALL

No. 11735.

392 F.2d 155 (1968)

Ray S. BAILEY, Appellant, v. Ellis C. MacDOUGALL, Director of the South Carolina Department of Corrections, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided February 28, 1968.

Attorney(s) appearing for the Case

Betty M. Sloan, Columbia, S. C., for appellant.

Edward B. Latimer, Asst. Atty. Gen. of South Carolina (Daniel R. McLeod, Atty. Gen. of South Carolina, and B. O. Thomason, Jr., Sol., Thirteenth Judicial Circuit, on brief), for appellees.

Before BOREMAN, BRYAN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Ray S. Bailey was sentenced to life imprisonment in 1936 upon a plea of guilty to murder. Now Bailey challenges the validity of his plea, which was entered after the chief of police and the state's solicitor promised in writing they would recommend parole or pardon after Bailey had served a term not exceeding ten years. We hold that Bailey's arraignment was defective and the record fails to establish he understood the consequences of his plea...

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