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DAVIS v. HENDERSON

No. 72-2516 Summary Calendar.

473 F.2d 679 (1973)

Rubin DAVIS, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 16, 1973.

Attorney(s) appearing for the Case

Lawrence A. Durant, Baton Rouge, La. (Court-appointed), for petitioner-appellant.

William P. Guste, Atty. Gen., S. J. Dileo, Jr., Asst. Atty. Gen., L. J. Hymel, Jr., Baton Rouge, La., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

PER CURIAM:

While serving a 15-year sentence for an unrelated crime, petitioner and a fellow inmate in the Louisiana State Prison where he was incarcerated became embroiled in a heated quarrel. During the course of the fight that ensued, petitioner pulled a knife from underneath his pillow and stabbed his card partner to death.

Petitioner was indicted for first degree murder as a result of his action and was arraigned, tried, convicted, and sentenced to life...

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