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PERRY v. JONES

No. 74-1363.

506 F.2d 778 (1975)

Melvin PERRY and next friend, Phyllis Brown, Plaintiffs-Appellants, v. Clarence JONES et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 13, 1975.

Attorney(s) appearing for the Case

Laurance L. Priddy, Fort Worth, Tex., for plaintiffs-appellants.

John L. Hill, Atty. Gen., Austin, Tex., John B. Tolle, Asst. Dist. Atty., Henry Wade, Crim. Dist. Atty., Dallas, Tex., Joseph G. Werner, Asst. City Atty., John H. Hagler, Asst. Dist. Atty., Dallas, Tex., for defendants-appellees.

Before RIVES, WISDOM and COLEMAN, Circuit Judges.

COLEMAN, Circuit Judge.

In November, 1971, an armed robbery took place in the Oak Cliff area of Dallas, Texas. The next month, one Edward Campbell was arrested as a principal in this robbery. The following June, two of the robbery victims (females) identified Melvin Perry as a participant in the robbery. Dallas Police Officer H. G. Johnstone, assigned to investigate the case, then issued a "prosecution report" on Perry. This prosecution report, which contains a suspect...

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