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HOPKINS v. STATE OF ALABAMA

No. 75-1833.

524 F.2d 473 (1975)

Jerry Wayne HOPKINS, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 7, 1976.

Attorney(s) appearing for the Case

William N. Clark, Birmingham, Ala. (Court appointed), for petitioner-appellant.

William J. Baxley, Atty. Gen., Joseph G. L. Marston, III, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

PER CURIAM:

Jerry Wayne Hopkins appeals from an order denying his petition for the writ of habeas corpus. Hopkins asserted that evidence admitted at his trial was the fruit of an illegal search, his arraignment and trial on the same day prejudiced his defense, and he was convicted and sentenced on a charge for which he was not indicted. That portion of the district court's order denying relief because of an alleged illegal search is affirmed. The state of the record...

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