TODD v. LOCKHART

No. 73-1501.

490 F.2d 626 (1974)

Frankie Joe TODD, Appellant, v. A. L. LOCKHART, Superintendent, Cummins Unit, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 16, 1974.


Attorney(s) appearing for the Case

Tom F. Lovett, Little Rock, Ark., for appellant.

Alston Jennings, Jr., Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before GIBSON and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.


PER CURIAM.

Todd, a state prisoner, appeals from the dismissal without a hearing, of his habeas corpus action brought pursuant to 28 U.S.C. § 2254. We reverse and remand with instructions.

On September 9, 1970, Todd pleaded guilty to second degree murder in the Ouachita County Circuit Court in the State of Arkansas. The transcript of the plea taking indicates that Todd was asked essentially two questions by the trial judge. Todd was first asked whether...

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