HAIRSTON v. STATE OF ALABAMA

No. 71-2918 Summary Calendar.

465 F.2d 675 (1972)

Julius HAIRSTON, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 27, 1972.


Attorney(s) appearing for the Case

Roderick P. Stout, Mobile, Ala., for petitioner-appellant.

William J. Baxley, U. S. Atty., John A. Yung, IV, Montgomery, Ala., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

As this appeal from denial of habeas corpus percolates to us the substantive question is whether petitioner-appellant had counsel at the time he withdrew his former plea of not guilty and entered a guilty plea to an Alabama charge of burglary. The Federal District Court, although going to the brink of squarely holding absence of counsel, stopped short by his determination that petitioner had failed to exhaust his state remedies. We hold...

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