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LOGAN v. CAPPS

No. 74-4222.

525 F.2d 937 (1976)

Jimmy Lee LOGAN, Petitioner-Appellant, v. Walter L. CAPPS, Warden, Draper Prison, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 12, 1976.

Attorney(s) appearing for the Case

John S. Glenn, Opelika, Ala. (Court-appointed), for petitioner-appellant.

William J. Baxley, Atty. Gen., David W. Clark, Rosa Gunter Hamlett, Asst. Attys. Gen., J. Brent Thornley, Montgomery Ala., for respondents-appellees.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Jimmy Lee Logan seeks reversal of the district court's denial of his petition for habeas corpus, alleging that his imprisonment on an Alabama rape conviction violates the Fourth, Fifth and Fourteenth Amendments to the United States Constitution.

The following factual summary is adapted from the magistrate's report entered in the district court: On the night of May 19, 1971, Lucia Halbert Penland was dragged into the bushes near her home...

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