DAVIS v. HERRING

No. 83-4421.

783 F.2d 511 (1986)

Stanley L. DAVIS, Petitioner-Appellee, v. Robert HERRING, Sheriff of Lee County, Mississippi and Edwin L. Pittman, Attorney General of the State of Mississippi, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

February 20, 1986.


Attorney(s) appearing for the Case

Edwin L. Pittman, Atty. Gen., Bill Patterson, Donald G. Barlow, Jackson, Miss., for respondents-appellants.

Joe Ray Langston, (Court-appointed), Duncan Lott, (Court-appointed co-counsel), Booneville, Miss., for petitioner-appellee.

Before RUBIN, RANDALL and WILLIAMS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The habeas corpus petitioner fired his pistol into a tavern, killing one of the occupants. Tried for murder, but convicted only of the lesser offense of manslaughter, he was subsequently indicted for the separate felony of shooting into an occupied building based on the same criminal episode. He objected on double jeopardy grounds, and, after exhausting his state remedies, obtained an injunction against the second prosecution in federal...

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