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MITCHELL v. ROSE

No. 77-1272.

570 F.2d 129 (1978)

James E. MITCHELL and James Nichols, Jr., Petitioners-Appellants, v. Jim ROSE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1978.

Attorney(s) appearing for the Case

Walter C. Kurtz, Legal Services of Nashville (Court appointed), James E. Mitchell, James Nichols, Jr., Nashville, Tenn., for petitioners-appellants.

Brooks McLemore, Jr., Atty. Gen. of Tenn., Michael E. Terry, Asst. Atty. Gen., Nashville, Tenn., for respondent-appellee.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and GRAY, Senior District Judge.

JOHN W. PECK, Circuit Judge.

On November 6, 1972, Petitioners James Mitchell and James Nichols, Jr., were indicted for two counts of first degree murder by the Tipton County, Tennessee grand jury. On March 22, 1973, they were found guilty after a jury trial.

Prior to the trial, petitioners filed a pro se motion, asking the trial court to dismiss the indictment because the grand jury and the foreman of the grand jury...

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