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UNITED STATES v. HESTER

Civ. A. No. 12429.

273 F.Supp. 131 (1967)

UNITED STATES of America ex rel. Zelma C. WYCHE v. C. E. HESTER, Sheriff of Madison Parish; and W. J. Erwin, Warden, Keeper or Chief Officer of the East Carroll Prison Farm.

United States District Court W. D. Louisiana, Monroe Division.

August 30, 1967.

Attorney(s) appearing for the Case

Richard B. Sobol, Robert F. Collins, and Nils R. Douglas, New Orleans, La., for plaintiff.

Thompson L. Clarke, Dist. Atty., Sixth Judicial District, St. Joseph, La., and Jack P. F. Gremillion, Atty. Gen. of Louisiana, William P. Schuler, Asst. Atty. Gen. of Louisiana, Baton Rouge, La., for defendants.

BEN C. DAWKINS, Jr., Chief Judge.

RULING ON THE MERITS

On September 28, 1966, petitioner was convicted in a Louisiana State Court of simple battery.1 Petitioner was then sentenced to four months in prison and fined $200 with the stipulation that if the fine were not paid, an additional four months imprisonment would be imposed. The Louisiana Supreme Court denied certiorari on the grounds that there was no error patent on the...

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