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BURNS v. STATE OF ALABAMA

No. 22754.

377 F.2d 233 (1967)

Timothy BURNS, Appellant, v. STATE OF ALABAMA, Appellee.

United States Court of Appeals Fifth Circuit.

May 19, 1967.

Attorney(s) appearing for the Case

Timothy Burns, pro se.

Mac Donald Gallion, Atty. Gen., John C. Tyson, III, Asst. Atty. Gen., Montgomery, Ala., for appellee.

Before TUTTLE, Chief Judge, THORNBERRY, Circuit Judge, and LYNNE, District Judge.

ON PETITION FOR REHEARING

LYNNE, District Judge:

In its petition for rehearing, the State of Alabama contends that this Court erred in determining that, under Title 15, Sections 380(14)-380(25), Recompiled Code of Alabama 1958 (Supp.1965), the appellant had only ten days after the entry of the order denying him coram nobis relief in which to apply for a free transcript for appeal and thus that he had, in effect, no available state remedies at the...

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