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EATON v. CAPPS

Civ. A. No. 2776-N.

348 F.Supp. 237 (1972)

Gerald EATON, Petitioner, v. Walter CAPPS, Warden, Vice Curtis M. Simpson, Warden, Defendants.

United States District Court, M. D. Alabama, N. D.

September 22, 1972.

Attorney(s) appearing for the Case

Leslie Hall, Asst. Atty. Gen., Montgomery, Ala., for defendants.

No appearance for petitioner.

ORDER

VARNER, District Judge.

Petitioner Eaton was convicted in the Circuit Court of Sumter County of first degree murder and sentenced to death in accordance with the verdict of the jury. His first conviction was reversed by the Supreme Court of Alabama, Eaton v. State, 278 Ala. 224, 177 So.2d 444 (1965). At his second trial Petitioner was again found guilty and sentenced to death in accordance with the jury's verdict...

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