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WIMAN v. POWELL

No. 18987.

293 F.2d 605 (1961)

Martin J. WIMAN, Warden, Kilby Prison et al., Appellants, v. William K. POWELL, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearings Denied September 6, 1961.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., James W. Webb and George D. Mentz, Asst. Attys. Gen., for appellants.

Euel A. Screws, Jr., Montgomery, Ala., R. Clifford Fulford, Birmingham, Ala., for appellee.

Before HUTCHESON, RIVES and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

Upon former appeal we had said: "From the present record, without more, it would appear that Powell's discharge will best serve the ends of justice." Powell v. Wiman, 5 Cir., 1961, 287 F.2d 275, 282. The cause was remanded to accord the State an opportunity for further hearing to prove that it had not in fact suppressed vital evidence upon Powell's trial. At the conclusion of that hearing, the district court...

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