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HOLMAN v. WASHINGTON

No. 23039.

364 F.2d 618 (1966)

William C. HOLMAN, As Warden Kilby Prison, Montgomery, Alabama, Appellant, v. Caliph WASHINGTON, Appellee.

United States Court of Appeals Fifth Circuit.

August 8, 1966.

Attorney(s) appearing for the Case

David W. Clark, Asst. Atty. Gen., Montgomery, Ala., Richmond M. Flowers, Atty. Gen. of Alabama, for appellant.

Orzell Billingsley, Jr., Birmingham, Ala., David H. Hood, Jr., Bessemer, Ala., Charles Morgan, Jr., Atlanta, Ga., Robert L. Carter, New York City, Erskine Smith, Birmingham, Ala., for appellee.

Before JONES and GEWIN, Circuit Judges, and HUNTER, District Judge.

GEWIN, Circuit Judge:

Upon petitioner's application for a writ of habeas corpus, in the United States District Court for the Middle District of Alabama, 28 U.S.C.A. §§ 2241, 2254, the court held that the admission into evidence of a confession obtained without the presence of counsel and the admission into evidence of the testimony of a witness from a previous trial without the laying of a proper predicate violated petitioner's constitutional rights under...

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