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UNITED STATES v. PURVIS

Crim. No. 77-66.

436 F.Supp. 770 (1977)

UNITED STATES of America, Plaintiff, v. Thomas J. PURVIS, Charles C. Wimberly, Sr., William L. Shirley, Jr., John C. McCorvey, Sr., Harold E. Donald, Harry L. Hutton, Jr., James J. Manning, Cecil E. Byrd, James H. Stanford, Defendants.

United States District Court, S. D. Alabama, S. D.

August 17, 1977.

Attorney(s) appearing for the Case

Daniel L. Bell, II, Civ. Rights Div., Dept. of Justice, Washington, D. C., for plaintiff.

Barry Hess and Roderick P. Stout, Mobile, Ala., for Purvis.

Wm. J. Baxley, Atty. Gen. of Ala., Montgomery, Ala., Thomas M. Haas, Mobile, Ala., for Wimberly.

John W. Coleman, Mobile, Ala., for Shirley.

Jos. C. Sullivan, Jr., Mobile, Ala., for McCorvey.

J. Calvin Clay and James E. Atchison, Mobile, Ala., for Donald.

Thomas P. Doyle, Mobile, Ala., for Hutton.

Ian F. Gaston, Mobile, Ala., for Manning.

Charles N. McKnight, Mobile, Ala., for Byrd.

Thomas A. Deas and Edward B. McDermott, Mobile, Ala., for Stanford.

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS

PITTMAN, Chief Judge.

A two-count indictment was filed on June 27, 1977, against the defendants in the shooting death of inmate Louis Wallace in an escape attempt at the Mobile County Jail on October 12, 1976. Count One charged all of the defendants with violation of 18 U.S.C. § 241. Count Two was lodged against only defendant Stanford and it charged criminal actions on his part under 18 U.S.C. § 242...

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