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WINTERS v. COOK

No. 71-3323.

489 F.2d 174 (1973)

Matthew WINTERS, Petitioner-Appellant, v. Thomas D. COOK, Superintendent of The Mississippi State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 28, 1973.

Attorney(s) appearing for the Case

Roy S. Haber, George Beach Taylor, Jackson, Miss., James Robertson, Washington, D. C., for petitioner-appellant.

A. F. Summer, Atty. Gen., Guy N. Rogers, Asst. Atty. Gen., Jackson, Miss., for respondent-appellee.

Before BROWN, Chief Judge, RIVES, Senior Circuit Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

CLARK, Circuit Judge:

The factual circumstances of Winters' crime and the procedural context in which his subsequent guilty plea was entered are set out in detail in the district court's opinion, published at 333 F.Supp. 1033, and need not be reiterated at length here. Winters was indicted by the Grand Jury of Holmes County, Mississippi, on a charge of murder arising out of the shooting death of one E. T. Branch. On the advice...

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