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SIMPSON v. RICE

No. 25412.

396 F.2d 499 (1968)

Curtis M. SIMPSON, Warden, Kilby Prison, Montgomery, Alabama, Appellant, v. William S. RICE, Appellee.

United States Court of Appeals Fifth Circuit.

Certiorari Granted November 12, 1968.

Attorney(s) appearing for the Case

Paul T. Gish, Jr., Asst. Atty. Gen., Montgomery, Ala., MacDonald Gallion, Atty. Gen. of Ala., for appellant.

Oakley Melton, Jr., Thomas S. Lawson, Jr., Steiner, Crum & Baker, Montgomery, Ala., for appellee.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

TUTTLE, Circuit Judge.

William S. Rice in February, 1962, entered pleas of guilty in four separate criminal cases in the Circuit Court of Pike County, Alabama. He was sentenced to a total of ten years in the state penitentiary, the term consisting of four separate sentences, the first for four years and the remaining three for two years each. In August, 1964, the judgments and sentences in these cases were set aside by the Circuit Court of Pike County in a corum nobis...

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