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STATE OF SOUTH CAROLINA v. MOORE

No. 14042.

447 F.2d 1067 (1971)

The STATE OF SOUTH CAROLINA, Appellee, v. James Edward MOORE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 8, 1971.

Attorney(s) appearing for the Case

Paul Bender, Washington, D. C. (Court-assigned counsel) [Ralph S. Spritzer and James A. Strazzella, Philadelphia, Pa. (Court-assigned counsel) on the brief], for appellant.

Emmet H. Clair, Asst. Atty. Gen. of South Carolina (Daniel R. McLeod, Atty. Gen. of South Carolina, and C. Pinckney Roberts, Asst. Atty. Gen. of South Carolina, and B. O. Thomason, Jr., Sol., Greenville, S. C., Thirteenth Circuit, on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and LEWIS, District Judge.

HAYNSWORTH, Chief Judge:

This appeal presents a procedural tangle arising out of the Civil Rights Removal statute.1

Late in the eleventh hour, Moore undertook the removal of a murder prosecution he was facing in a state court. In the removal petition he admitted his commission of the homicide, but claimed he had employed only reasonable force in meeting an assault upon him by a white...

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