McNEAL v. COLLIER

No. DC 7234-S.

353 F.Supp. 485 (1972)

Tommy McNEAL, Petitioner, v. John Allen COLLIER, Superintendent, Mississippi State Penitentiary, Respondent.

United States District Court, N. D. Mississippi, Delta Division.

December 6, 1972.


Attorney(s) appearing for the Case

David M. Lipman, North Mississippi Rural Legal Services, Oxford, Miss., Johnnie E. Walls, Jr., North Mississippi Rural Legal Services, Greenwood, Miss., for petitioner.

Edwin A. Snyder, Asst. Atty. Gen., State of Mississippi, Jackson, Miss., for respondent.


MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

Tommy McNeal, a young black male, was brought to trial on a murder charge during the July, 1968 term of the Circuit Court of Coahoma County, Mississippi. However, because of an unexpected development, the trial was aborted during the presentation of the state's case, and the jury dismissed over the objection of defense counsel. Six months later, in the January...

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