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UNITED STATES v. SIGLER

No. 19402.

308 F.2d 946 (1962)

The UNITED STATES of America, ex rel. Emile WESTON, Jr., Appellant, v. Maurice SIGLER, Warden, Louisiana State Penitentiary, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 20, 1962.

Attorney(s) appearing for the Case

Joel B. Dickinson, Baton Rouge, La., for appellant.

Scallan E. Walsh, Asst. Atty. Gen., Baton Rouge, La., Jack P. F. Gremillion, Atty. Gen., State of Louisiana, Teddy W. Airhart, Jr., Asst. Atty. Gen., Thomas W. McFerrin, Special Counsel, Baton Rouge, La., for appellee.

Before CAMERON and JONES, Circuit Judges, and DeVANE, District Judge.

JONES, Circuit Judge.

The relator, Emile Weston, Jr., has appealed from a judgment of the District Court of the Eastern District of Louisiana by which his application for a writ of habeas corpus was denied.

On June 18, 1956, Weston was indicted for rape. On October 17, 1956, he was convicted and sentenced to death. The conviction was affirmed on appeal to the Supreme Court of Louisiana. State v. Weston,

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