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CAVER v. STATE OF ALA.

No. 75-3702.

537 F.2d 1333 (1976)

James T. CAVER, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 12, 1976.

Attorney(s) appearing for the Case

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

William J. Baxley, Atty. Gen., Charles L. Little, Eric A. Bowen, Asst. Attys. Gen., Montgomery, Ala., for respondent-appellee.

Before RIVES, GOLDBERG and GEE, Circuit Judges.

RIVES, Circuit Judge:

This state prisoner's petition for habeas corpus comes to this Court by appeal for a second time. Petitioner, James T. Caver, was convicted of second degree murder in the Circuit Court of Calhoun County, Alabama, and was sentenced to imprisonment for 50 years. Caver's petition alleges: (1) that his initial arrest for vagrancy was pretextural and, hence, illegal, so as to make all of the subsequently obtained evidence inadmissible as tainted fruit...

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