MARBLE v. EDWARDS

No. 71-2708.

457 F.2d 759 (1972)

Willie Rambus MARBLE, Petitioner-Appellant, v. M. C. EDWARDS, in his capacity as Sheriff of Lowndes County, Miss., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1972.


Attorney(s) appearing for the Case

Jordan & Lohrmann, Billy J. Jordan, Columbus, Miss., for petitioner and appellant.

A. F. Summer, Atty. Gen. of Miss., G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, Miss., for respondent-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.


PER CURIAM:

Marble's petition for writ of habeas corpus contends that the State suppressed evidence favorable to the accused and knowingly used perjured testimony in obtaining his conviction for murder, for which he is serving a life term in the Mississippi State penitentiary. Since the merits of appellant's claim turn on a ballistics report which has never been in evidence before any court from which he has sought post-conviction relief, we remand for an evidentiary...

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