George Monroe Pryor v. C. Murray Henderson, Warden, Tennessee State Penitentiary, Respondent

This is an appeal from a judgment granting a petition for habeas corpus and directing that petitioner-appellee be discharged from custody within fifteen days unless the state should decide to re-try him.

The opinion and order of the District Court states the relevant facts which we find to be supported by the evidence. Petitioner-appellee, a twenty-eight year old male who had attended high school, was arrested in Memphis, Tennessee by the city police on January 18, 1964 and charged with rape of an eleven year old female. He was taken to the police station, where he was booked on a charge of…