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WHITE v. PROGUE

No. 25534.

393 F.2d 938 (1968)

Wingate WHITE, Warden, Louisiana State Penitentiary, Angola, Louisiana, Appellant, v. Albert George PROGUE et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 16, 1968.

Attorney(s) appearing for the Case

Teddy W. Airhart, Jr., Asst. Atty. Gen., Baton Rouge, La., John A. Richardson, Dist. Atty., Shreveport, La., Jack P. F. Gremillion, Atty. Gen., State of Louisiana, Charles Lindsay, Asst. Dist. Atty., George A. Bourgeois, Asst. Atty. Gen., for appellant.

Dan A. Spencer, Shreveport, La., for appellee.

Before TUTTLE and SIMPSON, Circuit Judges, and BREWSTER, District Judge.

PER CURIAM:

The State of Louisiana appeals from a judgment of the United States District Court for the Western District of Louisiana vacating a judgment of conviction of the three appellants by the state courts of Louisiana because of the failure of the state trial court to suppress statements elicited from appellants while in custody.

In this pre-Miranda case, we conclude that the trial court properly applied the principles enunciated by the Supreme Court...

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