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WINDOM v. COOK

No. 28116.

423 F.2d 721 (1970)

Alfred WINDOM, Petitioner-Appellee, v. Thomas COOK, Superintendent of the Mississippi State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1970.

Attorney(s) appearing for the Case

A. F. Summer, Atty. Gen. of Mississippi, Guy N. Rogers, Asst. Atty. Gen., Jackson, Miss., for respondent-appellant.

James A. Lewis, Armand Derfner, Jackson, Miss., for petitioner-appellee.

Before AINSWORTH, DYER and SIMPSON, Circuit Judges.

PER CURIAM:

Windom, a state prisoner, pleaded guilty to charges of burglary and assault with intent to commit rape. He filed a habeas corpus petition in the District Court alleging involuntariness of the plea by virtue of the ineffectiveness of the assistance of his counsel. The District Court granted the writ. We affirm.

Windom's court appointed counsel testified that his only conference with Windom, which came just prior to the arraignment proceeding at...

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