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HARRIS v. NEIL

No. 20469.

437 F.2d 63 (1971)

Lawrence HARRIS, Petitioner-Appellant, v. W. S. NEIL, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

January 29, 1971.

Attorney(s) appearing for the Case

William C. Carriger, Chattanooga, Tenn., on brief for petitioner-appellant; Strang, Fletcher, Carriger, Walker & Hodge, Chattanooga, Tenn., of counsel.

Bart Durham, Asst. Atty. Gen., Nashville, Tenn., on brief for respondent-appellee; David M. Pack, Atty. Gen., of counsel.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

This appeal is from a dismissal without an evidentiary hearing of a petition for a writ of habeas corpus.

The petitioner, a Negro male, was arrested for rape of a Negro female. At his preliminary hearing in the City Court of Chattanooga, Tennessee, the petitioner claims that he requested counsel be appointed to represent him, but no counsel was appointed. On January 15, 1960, the petitioner was tried by...

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