Cloudies Shinall v. C. E. Breazeale, Superintendent of the Mississippi State Penitentiary

CABOT, District Judge:

Cloudies Shinall, state prisoner, appeals from the denial of his petition for writ of habeas corpus. Petitioner was convicted of murder on August 6, 1966, in the Circuit Court of Forrest County, Mississippi. Inasmuch as the jury in its verdict did not recommend mercy, the trial judge was required to and did impose the death penalty. This was the second trial for petitioner, an earlier conviction and death sentence having been reversed because of exclusion of Negroes from the grand and petit juries. Shinall v. State, 187 So.2d 840 (Miss.1966). This second conviction was…