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PORTER v. ASHMORE

No. 13597.

421 F.2d 1186 (1970)

Lynn PORTER, Appellee, v. John P. ASHMORE, Jr., Greenville County Supervisor, A. C. Thompson, Greenville County Jailer, William D. Leeke, Director of the Department of Corrections and the State of South Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1970.

Attorney(s) appearing for the Case

C. Tolbert Goolsby, Jr., Asst. Atty. Gen. of S. C. (Daniel R. McLeod, Atty. Gen. of S. C., Emmett H. Clair, Asst. Atty. Gen. of S. C., B. O. Thomason, Jr., Solicitor, Thirteenth Judicial Circuit, and H. F. Partee, Asst. Sol., Thirteenth Judicial Circuit, on the brief), for appellants.

Kale R. Alexander, Columbia, S. C. (David A. Fedor, Columbia, S. C., on the brief), for appellee.

Before SOBELOFF, BOREMAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

Lynn Porter was convicted of occupying a house containing gambling paraphernalia in violation of S.C. Code of Laws § 16-515(2) (1962). The South Carolina Supreme Court affirmed his conviction. State v. Porter, 251 S.C. 393, 162 S.E.2d 843 (1968), cert. denied, 393 U.S. 1079, 89 S.Ct. 859, 21 L.Ed.2d 773 (1969). On petition for a writ of habeas corpus, the district court...

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