PHILLIPS v. NEIL

No. 20970.

452 F.2d 337 (1971)

Clarence PHILLIPS, Petitioner-Appellant, v. William S. NEIL, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 7, 1971.


Attorney(s) appearing for the Case

David E. Smith (Court appointed), Knoxville, Tenn., for appellant.

Bart Hurham, Asst. Atty. Gen., Nashville, Tenn., for appellee; David M. Pack, Atty. Gen., and Reporter, of counsel.

Before EDWARDS, PECK, and WILLIAM E. MILLER, Circuit Judges.


WILLIAM E. MILLER, Circuit Judge.

This is an appeal from the denial by the district court of appellant's petition for the writ of habeas corpus challenging his state court criminal conviction.

On February 18, 1969, Clarence Phillips was indicted by the Grand Jury of Campbell County, Tennessee, for the offense of first degree murder. He was charged with responsibility for the brutal slaying of Arthur Queener, which occurred on October 28, 1968. The jury returned...

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