Acie Horton v. Lynn Bomar, Warden, Tennessee State Penitentiary, Nashville, Tennessee

This appeal is from an order of the United States District Court for the Middle District of Tennessee denying the appellant’s petition for a writ of habeas corpus. The appellant was convicted in the Criminal Court of Shelby County at Memphis, Tennessee, of the crime of rape. He was sentenced to seventy-five years imprisonment in the State penitentiary.

The appellant now wants out. He probably does not understand that the granting of his petition for a writ of habeas corpus would not be an open gate to freedom. It only means a retrial on the original indictment.

The appellant presented three…