Mrs. Bennie Catchings v. City of Jackson, Mississippi
This text of 362 F.2d 265 (Mrs. Bennie Catchings v. City of Jackson, Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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362 F.2d 265, 1966 U.S. App. LEXIS 5730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mrs-bennie-catchings-v-city-of-jackson-mississippi-ca5-1966.