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PATE v. HOLMAN

No. 21428.

341 F.2d 764 (1965)

Aubrey PATE, Appellant, v. William C. HOLMAN, Warden, Kilby Prison, Alabama, Appellee.

United States Court of Appeals Fifth Circuit.

February 16, 1965.

Attorney(s) appearing for the Case

Nicholas S. Hare, Monroeville, Ala., for appellant.

Richmond M. Flowers, Atty. Gen., John C. Tyson, III, Asst. Atty. Gen., Montgomery, Ala., for appellee.

Before RIVES, WISDOM and BELL, Circuit Judges.

WISDOM, Circuit Judge.

Aubrey Pate, a prisoner in Kilby Penitentiary, Alabama, appeals from an order of the district court dismissing his petition for habeas corpus and denying an evidentiary hearing on the petition. The district court held that a full hearing was unnecessary because in coram nobis proceedings the State had previously resolved all the issues the petitioner raised in this habeas corpus proceeding. We find that the state courts gave full and fair consideration...

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