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UNITED STATES EX REL. WHITE v. HENDERSON

No. 29747.

461 F.2d 657 (1972)

UNITED STATES ex rel. George WHITE, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 1972.

Attorney(s) appearing for the Case

Richard A. Buckley, Robert Glass, New Orleans, La., for petitioner-appellant.

Jack P. F. Gremillion, Atty. Gen., Jack E. Yelverton, Stacey Moak, Asst. Attys. Gen., Baton Rouge, La., for respondent-appellee.

Before RIVES, AINSWORTH and MORGAN, Circuit Judges.

PER CURIAM:

Appellant was convicted in Louisiana State Court for selling and delivering marihuana in violation of La.R.S. 40:962. He brought this habeas corpus petition under 28 U.S.C. § 2254 raising the issue that he was denied his right to a jury trial since he was convicted in the Louisiana State Court, as provided by the law of that State by a vote of 9 for conviction and 3 for acquittal. See La.Const. art. VII, § 41; La.Code Crim. Pro. art. 782.

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