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BRADEN v. CAPPS

No. 74-3190.

517 F.2d 221 (1975)

Norman Lorenzo BRADEN, Petitioner-Appellant, v. Walter T. CAPPS, Warden, and State of Alabama, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 8, 1975.

Attorney(s) appearing for the Case

William L. Howell, (Court-appointed), Mobile, Ala., for petitioner-appellant.

William J. Baxley, Atty. Gen., Sarah M. Greenham, Asst. Atty. Gen., Montgomery, Ala., Herbert H. Henry, Asst. Atty. Gen., Birmingham, Ala., Willis Holloway, Asst. Dist. Atty., Mobile, Ala., for respondents-appellees.

Before TUTTLE, GODBOLD and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

Appellant Braden, an Alabama state prisoner, was denied a writ of habeas corpus by the District Court. The primary ground of his petition was alleged denial of the Sixth Amendment right to speedy trial.

Braden was indicted at the same time on the case here involved (Burglary A) and two apparently related cases (Burglary B, and an assault with intent to murder charge which appears to have occurred...

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