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WHITE v. STATE OF ALABAMA

No. 76-1413. Summary Calendar.

541 F.2d 1092 (1976)

Jerry WHITE, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 4, 1976.

Attorney(s) appearing for the Case

Richard H. Gill, Montgomery, Ala. (Court-appointed), for petitioner-appellant.

William J. Baxley, Atty. Gen., C. Lawson Little, Montgomery, Ala., for respondent-appellee.

Before WISDOM, GEE and TJOFLAT, Circuit Judges.

PER CURIAM:

Jerry White, an Alabama prisoner convicted of second degree murder, appeals from the district court's denial of his petition for habeas corpus relief. He alleges two bases for redress: (1) he was subjected to an impermissibly suggestive line-up in the absence of counsel; and (2) his initial arrest for vagrancy was pretextural, so that voice identification evidence obtained from a line-up held while he was in the unlawful custody of the police was inadmissible...

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