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LOWE v. HOPPER

No. 74-1014.

501 F.2d 952 (1974)

Joseph LOWE, Jr., Petitioner-Appellant, v. Joseph H. HOPPER, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 27, 1974.

Attorney(s) appearing for the Case

John J. Sullivan, Savannah, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., David L. G. King, Jr., Asst. Atty. Gen., John E. Ballard, Deputy Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

This is an appeal from denial of the writ of habeas corpus to a Georgia state prisoner convicted of murdering his wife and arson in burning the family home with her body inside. The issue is whether a highly incriminating letter written by petitioner and introduced at the merits trial was the subject of an unconstitutional search or seizure.

Motion to suppress was denied at the merits trial following an evidentiary hearing. In the appeal from conviction...

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