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ELLZEY v. BREAZEALE

Civ. A. No. 4119.

277 F.Supp. 948 (1967)

Charles ELLZEY, Petitioner, v. C. E. BREAZEALE, Superintendent of the Mississippi State Penitentiary, Respondent.

United States District Court S. D. Mississippi, Jackson Division.

November 8, 1967.

Attorney(s) appearing for the Case

Alvin J. Bronstein, Jackson, Miss., for plaintiff.

Guy N. Rogers, Jackson, Miss., for defendant.

OPINION OF THE COURT

DAN M. RUSSELL, Jr., District Judge.

This matter is before the Court on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. The petition charges that both petitioner's indictment for murder of a white man in 1958, and his sentence for life following a guilty plea, were illegal and void because of the systematic exclusion of Negroes from the jury venire from which was drawn the grand jury which indicted petitioner...

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