Ottway Barbee v. B. C. Ruth and State of Mississippi

POLITZ, Circuit Judge:

Ottway Barbee, incarcerated in the Mississippi state penitentiary under two consecutive life sentences, sought habeas relief under 28 U.S.C. § 2254. Counsel was appointed and a magistrate conducted an evi-dentiary hearing. The magistrate’s recommendation that the petition be denied was adopted by the district judge. We affirm.

In November of 1966, Barbee was indicted for murder and for armed robbery in Mississippi state court. Following conviction on the murder count, he was sentenced to life imprisonment. A plea bargain was struck on the armed robbery charge and Barbee…