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JOHNSON v. WALKER

No. 19616.

317 F.2d 418 (1963)

Ben A. JOHNSON, Appellant, v. Victor G. WALKER, Warden, Louisiana State Penitentiary, Angola, Louisiana and the State of Louisiana, Appellees.

United States Court of Appeals Fifth Circuit.

May 17, 1963.

Attorney(s) appearing for the Case

J. Minos Simon, Lafayette, La., for appellant.

Scallan E. Walsh, Teddy W. Airhart, Jr., Thomas W. McFerrin, Sr., Asst. Attys. Gen., Jack P. F. Gremillion, Atty. Gen. of Louisiana, Baton Rouge, La., for appellees.

Before TUTTLE, Chief Judge, GEWIN, Circuit Judge, and AINSWORTH, District Judge.

AINSWORTH, District Judge.

This is an appeal from the District Court's denial of an application for a writ of habeas corpus. We affirm.

On October 23, 1954, a State Court jury found the appellant, Ben A. Johnson, guilty of possessing marijuana in violation of Title 40, Section 962, et seq., LSA-Revised Statutes of Louisiana. Johnson was sentenced to 10 years at hard labor in the Louisiana State Penitentiary. The Louisiana Supreme Court set aside the conviction...

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