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FRAZIER v. ROBERTS

No. PB-69-C-57.

310 F.Supp. 504 (1970)

James Thomas FRAZIER, Petitioner, v. Ralph ROBERTS, Superintendent of Cummins Farm Unit of the Arkansas State Penitentiary, Respondent.

United States District Court, E. D. Arkansas, Pine Bluff Division.

March 3, 1970.

Attorney(s) appearing for the Case

James L. Sloan, Little Rock, Ark., for petitioner.

Joe Purcell, Atty. Gen., State of Ark., Little Rock, Ark., and Don Langston and Mike Wilson, Asst. Attys. Gen., for respondent.

MEMORANDUM OPINION

HENLEY, Chief Judge.

In 1967 James Thomas Frazier, petitioner herein, and others were convicted by a jury in the Circuit Court of White County, Arkansas, of unlawfully possessing burglar's tools and gambling equipment. Ark.Stats., §§ 41-1006 and 41-2001. Frazier had three previous felony convictions and was subject to being sentenced under the Arkansas habitual criminal statute, Ark.Stats., § 43-2328. The Circuit Judge sentenced...

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