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WINTERS v. COOK

No. 71-3323.

466 F.2d 1393 (1972)

Matthew WINTERS, Petitioner-Appellant, v. Thomas D. COOK, Superintendent of The Mississippi State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

On Petition for Rehearing and Rehearing January 2, 1973.

Attorney(s) appearing for the Case

Roy S. Haber, George Peach Taylor, Jackson, Miss., for petitioner-appellant.

A. F. Summer, Atty. Gen., Guy N. Rogers, Asst. Atty. Gen., Jackson, Miss., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and RIVES and CLARK, Circuit Judges.

On Petition for Rehearing and Rehearing En Banc January 2, 1973.

RIVES, Circuit Judge:

In April of 1963 Winters, a Negro male, was indicted in Holmes County, Mississippi, for the murder of E. T. Branch, a male caucasian. At his arraignment, Winters pleaded not guilty. Six months later, on the date for which trial had been set and with the advice of counsel, Winters changed his plea to guilty. He was sentenced to life imprisonment.

On October 6, 1969...

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