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IRVING v. HARGETT

No. WC 79-75-OS-O.

518 F.Supp. 1127 (1981)

John Buford IRVING, III, Petitioner, v. Steve HARGETT, Warden, Mississippi State Penitentiary, et al., Respondents.

United States District Court, N. D. Mississippi, W. D.

July 24, 1981.

Attorney(s) appearing for the Case

Leonard McClellan, Oxford, Miss., for petitioner.

Catherine Walker Underwood, Jackson, Miss., for respondents.

MEMORANDUM OPINION

KEADY, Chief Judge.

This is a habeas corpus action brought by petitioner John Buford Irving, III, who challenges the constitutionality of his conviction and sentence for capital murder in the state courts of Mississippi. On November 12, 1976, Irving, after a jury trial in the Circuit Court of Pontotoc County, was convicted of capital murder of Gambrell Ray1 and sentenced to suffer death in the gas chamber at...

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