UMBAUGH v. HUTTO

No. 73-1113.

486 F.2d 904 (1973)

Cleveland UMBAUGH, Appellant, v. Terrell Don HUTTO, Commissioner of Corrections, State of Arkansas, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1973.


Attorney(s) appearing for the Case

John G. Lile, III, Pine Bluff, Ark., for appellant.

James W. Atkins, Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before MR. JUSTICE CLARK, and HEANEY and BRIGHT, Circuit Judges.


CLARK, Associate Justice.

Cleveland Umbaugh, appellant, stands convicted in the Circuit Court of Arkansas of the offense of kidnapping Joselyn Howard for the purpose of committing a felony. The evidence showed that Miss Howard had been kidnapped and transported to a secluded spot for the purpose of raping or otherwise physically assaulting her. At appellant's trial, Birtie Smith, Umbaugh's relative by marriage, testified that he had driven her to the same secluded...

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