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PENDERGRAFT v. COOK

No. 29229.

433 F.2d 969 (1970)

Mrs. Catherine T. PENDERGRAFT, Petitioner-Appellee, v. Tom D. COOK, Superintendent, Mississippi State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 1970.

Attorney(s) appearing for the Case

A. F. Summer, Atty. Gen. of Miss., Guy N. Rogers, Asst. Atty. Gen., Jackon, Miss., for repondent-appellant.

W. E. Gore, Jr., Dan M. Lee, Jackson Miss., for petitioner-appellee.

Before TUTTLE, BELL and GOLDBERG, Circuit Judges.

TUTTLE, Circuit Judge:

The Superintendent of the Mississippi State Penitentiary here appeals from a decision by the United States District Court for the Southern District of Mississippi granting a rule absolute in Mrs. Pendergraft's petition for writ of habeas corpus on the ground that she had been tried and convicted of the offense of murder in the Circuit Court of Hinds County, Mississippi by an all-male jury, following an indictment by an all-male grand jury at...

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