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UNITED STATES EX REL. DAVIS v. HENDERSON

No. 72-2611.

474 F.2d 1098 (1973)

UNITED STATES ex rel. Brodie Byron DAVIS, Petitioner-Appellant, v. C. Murray HENDERSON, Warden of Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 8, 1973.

Attorney(s) appearing for the Case

James J. Gleason, III, New Orleans, La., for petitioner-appellant.

William J. Guste, Jr., Atty. Gen. of La., Baton Rouge, La., Gilbert T. Brown, Jr., Asst. Dist. Atty., J. Carl Parkerson, Dist. Atty., Monroe, La., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

This is an appeal from a denial of a petition for a writ of habeas corpus. Finding that petitioner's allegations concerning the composition of the grand and petit juries that indicted and tried him should be re-investigated in light of Peters v. Kiff, 1972, 407 U.S. 493, 92 S.Ct. 2163, 33 L.Ed.2d 83, we vacate in part and remand.

Petitioner, Brodie Byron Davis, a white man, was found guilty of murder...

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