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YATES v. BREAZEALE

No. GC66-2.

255 F.Supp. 820 (1966)

Philip G. YATES, Petitioner, v. C. E. BREAZEALE, Superintendent of the Mississippi State Penitentiary, Respondent.

United States District Court N. D. Mississippi, Greenville Division.

June 24, 1966.

Attorney(s) appearing for the Case

Alvin J. Bronstein, Jackson, Miss., Darryl A. Hurt, Lucedale, Miss., for plaintiff.

G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, Miss., for defendant.

MEMORANDUM OPINION

CLAYTON, Chief Judge.

Philip G. Yates, the petitioner, was confined to the Mississippi State Penitentiary awaiting execution as a convicted murderer at the time his petition for a writ of habeas corpus was filed in this court. An order was entered to stay the execution until further order of this court, and a trial on the merits of the issues made by the allegations of the petition and respondent's return or answer thereto was had. The...

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