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CRAWFORD v. BOUNDS

No. 10981.

395 F.2d 297 (1968)

Marion Frank CRAWFORD, Appellant, v. V. Lee BOUNDS, Warden of Central Prison (Successor to K. B. Bailey), Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 11, 1968.

Attorney(s) appearing for the Case

M. C. Burt, Jr., Durham, N. C. (McKissick & Burt, Durham, N. C., on brief) for appellant.

William Van Alstyne, Durham, N. C., as amicus curiae.

Daniel H. Pollitt, Chapel Hill, N. C. (Charles F. Lambeth, Jr., Thomasville, N. C., on brief) for the North Carolina Civil Liberties Union, as amicus curiae.

Ralph A. White, Jr., Staff Atty., Office of the Atty. Gen. of North Carolina (Thomas Wade Bruton, Atty. Gen. of North Carolina, and Theodore C. Brown, Jr., Staff Atty., Office of the Atty. Gen., of North Carolina, on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, WINTER, CRAVEN and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

Petitioner, a thirty-year-old male Negro, was convicted of first degree murder of an eight-year-old female Negro child, occurring in the course of the commission of rape, allegedly perpetrated by him November 18, 1962.1 N.C. Gen.Stat. § 14-17. Petitioner was found guilty and, because the jury's verdict contained no recommendation for mercy, petitioner was sentenced to death. On appeal, the judgment entered on...

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