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SANFORD v. HUTTO

Nos. 75-1478, 75-1484.

523 F.2d 1383 (1975)

Maurice SANFORD and Jim Johnson, Appellees, v. Terrell Don HUTTO, Commissioner, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 22, 1975.

Attorney(s) appearing for the Case

Jack T. Lassiter, Asst. Atty. Gen., Little Rock, Ark., made argument for Hutto, etc.

Patrick D. O'Rourke, Atty. for Inmates, Arkansas Dept. of Correction, Pine Bluff, Ark., made argument for Sanford, and others.

Before CLARK, Associate Justice, and LAY and ROSS, Circuit Judges.

PER CURIAM.

This is an appeal by the Commissioner of the Arkansas Department of Correction from a final judgment granting habeas corpus relief to Maurice Sanford and Jim Johnson. Sanford and Johnson cross appeal from an order denying their motion to release pending retrial.

In October, 1969, Sanford and Johnson, two black men, were convicted by jury of first degree rape in St. Francis County, Arkansas. After exhausting state remedies, petitioners filed this...

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