U.S. Court of Appeals for the Fifth Circuit, 1966

Mrs. Bennie Catchings v. City of Jackson, Mississippi

Mrs. Bennie Catchings v. City of Jackson, Mississippi
U.S. Court of Appeals for the Fifth Circuit · Decided June 22, 1966 · Brown, Burger, Per Curiam, Wisdom
362 F.2d 265; 1966 U.S. App. LEXIS 5730 (Federal Reporter, Second Series)

Mrs. Bennie Catchings v. City of Jackson, Mississippi

Opinion

PER CURIAM.

This Mississippi criminal case, removed under 28 U.S.C.A. § 1443, was remanded to the State Court without an evidentiary hearing. Pursuing the same course as taken by this Court in Smith v. City of Jackson, 5 Cir., 1966, 358 F.2d 705 [April 20, 1966]; Smith v. City of Drew (Gertge v. City of Clarksdale), 5 Cir., 1966, 360 F.2d 283 [April 29, 1966]; and McGee v. City of Meridian (Austin v. Mississippi, Grandison v. Mississippi, Allen v. Mississippi), 5 Cir., 1966, 359 F.2d 846 [April 29, 1966], this case is reversed and remanded for an evidentiary hearing, and with the further direction that the District Court is to stay its hand until the Supreme Court disposes of Rachel v. State of Georgia, 5 Cir., 1965, 342 F.2d 336, and Peacock v. City of Greenwood, 5 Cir., 1965, 347 F.2d 679, which have been argued (34 U.S.L. Week 3369) and are now pending decision (S.Ct. Nos. 147, 471, 659).

Reversed and remanded.

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