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MAXWELL v. BISHOP

No. PB-66-C-52.

257 F.Supp. 710 (1966)

William L. MAXWELL, Petitioner, v. O. E. BISHOP, Superintendent of the Arkansas State Penitentiary, Respondent.

United States District Court E. D. Arkansas, Pine Bluff Division.

August 26, 1966.

Attorney(s) appearing for the Case

Norman C. Amaker, of the NAACP Legal Defense and Educational Fund, Inc., New York City, and George Howard, Jr., Pine Bluff, Ark., for petitioner.

Bruce Bennett, Atty. Gen., State of Arkansas, and Fletcher Jackson, Asst. Atty. Gen., Little Rock, Ark., for respondent.

MEMORANDUM OPINION

HENLEY, Chief Judge.

This is a habeas corpus proceeding wherein petitioner, William L. Maxwell, attacks collaterally for the second time his 1962 conviction in the Circuit Court of Garland County, Arkansas, of the crime of forcible rape. The sentence imposed upon him was death. Ark.Stats. Ann., § 41-3403.

Petitioner, a Negro man, was charged with raping a 35 year old, unmarried

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