ELLIOTT v. STATE OF ALABAMA

No. 74-1159 Summary Calendar.

493 F.2d 1348 (1974)

Lehman S. ELLIOTT, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 16, 1974.


Attorney(s) appearing for the Case

Lehman S. Elliott, pro se.

William J. Baxley, Atty. Gen., John M. Gruenewald, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.


PER CURIAM:

The district court denied the petition of the appellant, an Alabama state prisoner, for the writ of habeas corpus. We vacate the judgment below and remand for further proceedings.

Appellant was arrested in December of 1964 and was charged with first degree murder for the slaying of his wife. At his preliminary hearing he entered pleas of not guilty and not guilty by reason of insanity. The court appointed...

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