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IRBY v. STATE OF ALABAMA

No. 73-2768.

482 F.2d 1378 (1973)

Jerry Lee IRBY, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 3, 1973.

Attorney(s) appearing for the Case

Joseph G. L. Marston, III, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

PER CURIAM:

The petition for a certificate of probable cause and leave to appeal in forma pauperis is granted and the appeal is ordered docketed. The decision of the District Court denying habeas corpus relief on grounds that petitioner (who pleaded guilty) was convicted without the presence of a jury and denied trial by jury and sentenced without a jury verdict is affirmed.1 Dismissal, for failure to exhaust state remedies, of the claim...

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