TOWNSEND v. HENDERSON

No. 18516.

405 F.2d 324 (1968)

Thomas TOWNSEND and Roosevelt Terry, Petitioners-Appellants, v. C. Murray HENDERSON, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 26, 1968.


Attorney(s) appearing for the Case

B. Percy Magness (Court appointed), Winchester, Goff, Winchester & Walsh, Memphis, Tenn., on brief for appellants.

James M. Tharpe, Special Counsel, State of Tennessee, Memphis, Tenn., on brief for appellee; George F. McCanless, Atty. Gen. and Reporter, State of Tennessee, of counsel.

Before McCREE and COMBS, Circuit Judges, and CECIL, Senior Circuit Judge.


COMBS, Circuit Judge.

In 1958, several prisoners attempted to escape from Fort Pillow Prison Farm in Tennessee. The appellant Terry and others, whose identity is not important here, attempted to overpower Deputy Warden Hunt in his office, apparently with intent to use him as a hostage. Appellant Townsend was also involved. After a brief struggle, the rebellious prisoners were subdued and the uprising was quelled. One prisoner was killed; Terry was knocked unconscious...

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