BARBEE v. RUTH

No. 81-4481.

678 F.2d 634 (1982)

Ottway BARBEE, Petitioner-Appellant, v. B. C. RUTH and State of Mississippi, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 18, 1982.


Attorney(s) appearing for the Case

Eugene M. Bogen (court-appointed), Greenville, Miss., for petitioner-appellant.

Bill Allain, Atty. Gen., Wayne Snuggs, Asst. Atty. Gen., William S. Boyd, III, Sp. Asst. Atty. Gen., Jackson, Miss., for respondents-appellees.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.


POLITZ, Circuit Judge:

Ottway Barbee, incarcerated in the Mississippi state penitentiary under two consecutive life sentences, sought habeas relief under 28 U.S.C. § 2254. Counsel was appointed and a magistrate conducted an evidentiary hearing. The magistrate's recommendation that the petition be denied was adopted by the district judge. We affirm.

In November of 1966, Barbee was indicted for murder and for armed...

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