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BARBER v. STATE OF ARKANSAS

No. 20173.

429 F.2d 20 (1970)

Jack Allen BARBER, Appellant, v. STATE OF ARKANSAS et al., Appellees.

United States Court of Appeals, Eighth Circuit.

July 14, 1970.

Attorney(s) appearing for the Case

Charles R. Ledbetter, and Ben Core, Fort Smith, Ark., on brief for appellant.

Joe Purcell, Atty. Gen., Little Rock, Ark., and Mile Wilson, Asst. Atty. Gen., on brief for appellees.

Before JOHNSEN, Senior Circuit Judge, and VAN OOSTERHOUT and HEANEY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by petitioner Barber from judgment dismissing his petition. The petition as amended sought to have Barber's conviction on a state judgment of assault with intent to rob declared void upon the ground Barber had been denied his federal constitutionally guaranteed right to equal protection by not being afforded a preliminary hearing provided for by § 43-601, Ark.Stat.Ann. Barber further prayed that the state be enjoined...

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