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GAMBLE v. STATE OF ALABAMA

No. 74-2290.

509 F.2d 95 (1975)

Roland Colquett GAMBLE, Petitioner-Appellee, v. STATE OF ALABAMA, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 29, 1975.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Joseph G. L. Marston, III, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellant.

John W. Davis, III, Montgomery, Ala. (Court-appointed), for petitioner-appellee.

Before GODBOLD and MORGAN, Circuit Judges, and BOOTLE, District Judge.

Rehearing and Rehearing En Banc Denied April 29, 1975.

GODBOLD, Circuit Judge:

This case presents the following question: By statute a state prisoner sentenced to the penitentiary is given the option of spending his time pending appeal in the local jail or in the state penitentiary to which he has been sentenced. If he chooses the option of jail, must he be credited with his jail time in the computation of time served under his sentence. We find that controlling...

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