REDD v. STATE OF LOUISIANA EX REL. HENDERSON

No. 73-2808 Summary Calendar.

489 F.2d 766 (1973)

Eugene J. REDD, #67646, Petitioner-Appellee, v. STATE OF LOUISIANA ex rel. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 1973.


Attorney(s) appearing for the Case

Shirley G. Wimberly, Jr., Asst. Dist. Atty., Parish of Orleans, Leroy A. Hartley, Sp. Counsel, Asst. to Atty. Gen., New Orleans, La., for respondent-appellant.

E. Howard McCaleb, III, New Orleans, La., (Court-appointed), for petitioner-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


CLARK, Circuit Judge:

The State of Louisiana appeals from the District Court's decision to grant Eugene Redd's petition for habeas corpus relief. Redd was incarcerated pursuant to a Louisiana conviction for armed robbery. In February of 1968 Martin Mallet, a bar owner, was robbed of one hundred dollars at his place of business. Redd was arrested for the larceny two months later, solely because he was positively identified as the culprit by Lionel Green, a customer...

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