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GEORGE v. BLACKWELL

No. 75-3112 Summary Calendar.

537 F.2d 833 (1976)

Roger M. GEORGE, Petitioner-Appellee, v. Honorable Tom BLACKWELL, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 1976.

Attorney(s) appearing for the Case

Stephen H. Capelle, Asst. Dist. Atty., Austin, Tex., for respondent-appellant.

Roy Q. Minton, Austin, Tex., for petitioner-appellee.

Before DYER, CLARK and HILL, Circuit Judges.

PER CURIAM:

On the morning of July 5, 1972, Officer Bobby Sides, an Austin policeman, received an anonymous phone call from a person who stated that a large quantity of marijuana was being grown in the back yard of 8306 High Oak Drive in Austin, Texas. Based on this tip by an informant of unproven reliability, Officer Sides went to a vacant lot which abutted the residence and looked through an eight foot privacy fence and...

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