JOHNSON v. ROSE

No. 75-2424.

546 F.2d 678 (1976)

William E. JOHNSON and James W. Kline, Plaintiffs-Appellants, v. James ROSE, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 13, 1976.


Attorney(s) appearing for the Case

William E. Johnson, James W. Cline, Nashville, Tenn., W. Henry Haile, Nashville, Tenn. (Court-appointed CJA), for plaintiffs-appellants.

R. A. Ashley, Jr., Atty. Gen. of Tenn., R. Jackson Rose, Michael E. Terry, Nashville, Tenn., for respondent-appellee.

Before PECK, McCREE and LIVELY, Circuit Judges.


PER CURIAM.

Petitioners appeal from denial of their joint application for habeas corpus. Petitioners were convicted of murder by a jury in the Circuit Court of Bradley County, Tennessee, and appealed unsuccessfully through the state courts.

The petitioner Johnson testified at the murder trial and attempted to establish an alibi. He stated that he was at the home of a girl at the time of the killings. Both Johnson and Kline are Negroes. On cross-examination...

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