Legal Opinion

Smith v. Breazeale

District Court, N.D. Mississippi

Decided September 16, 1965No. GC6440PublishedCited by 4 opinions

1Opinion of the Court

CLAYTON, District Judge.

Petitioner, William Smith, Jr., a Negro, was convicted on 25 September, 1961, in the Circuit Court of Madison County, Mississippi, of the crime of rape and sentenced to death. He has petitioned this court for a writ of habeas corpus, alleging that his conviction deprived him of due process and equal protection of the laws in that Negroes were systematically excluded from the grand and petit juries which indicted and tried him, that he was denied the effective assistance of counsel and that the conviction was the product of an involuntary confession and the admission of…

2Cases cited14 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Brown v. AllenSupreme Court of the United States · 1953
  3. Strauder v. West VirginiaSupreme Court of the United States · 1880
  4. Patton v. MississippiSupreme Court of the United States · 1947
  5. United States of America Ex Rel. Willie Seals, Jr. v. Martin J. Wiman, Warden, Kilby Prison, Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1962

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3Cited by4 opinions

  1. United States v. Walter Augustus Bowe, Robert Steele Collier, and Khaleel Sultarn SayyedCourt of Appeals for the Second Circuit · 1966
  2. Woodruff v. BreazealeDistrict Court, N.D. Mississippi · 1967
  3. Ellzey v. BreazealeDistrict Court, S.D. Mississippi · 1967
  4. Goode v. CookDistrict Court, S.D. Mississippi · 1969

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