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JOHNSON v. HENDERSON

No. 71-3125 Summary Calendar.

455 F.2d 983 (1972)

Alphonse JOHNSON, Petitioner-Appellee, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

February 17, 1972.

Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen. of La., Stacey Moak, Asst. Atty. Gen., Baton Rouge, La., for respondent-appellant.

Alphonse Johnson, pro se.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

The State of Louisiana appeals from an order of the district court, 328 F.Supp. 704, granting relief to a Louisiana state prisoner on a writ of habeas corpus. We affirm.

Alphonse Johnson was convicted of theft in a state court in 1959. After serving one-third of his 10-year sentence he was paroled; but while on parole he pled guilty to simple burglary and was sentenced, on January 11, 1968, to five years. The...

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