Ernest W. Harried v. United States

BURGER, Circuit Judge:

Appellant was convicted of murder in the first degree and sentenced to life imprisonment upon the recommendation of the jury. Appellant filed a pro se motion in this Court for mandamus or habeas corpus which was treated as a timely motion for an appeal in forma pauperis and granted by the District Court.

The record reveals that at about 12:30 p. m. on June 10, 1965, the body of a six-year-old boy was discovered in a blue denim bag, bound with ropes and gagged with adhesive tape. Almost simultaneously, Lillian Catlett, accompanied by Appellant who was a friend, went to the…