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FRY v. ESTELLE

No. 74-4253.

527 F.2d 420 (1976)

Larry William FRY, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 19, 1976.

Attorney(s) appearing for the Case

Mark S. Ward, Weldon, Tex., Staff Counsel for Inmates, George A. Scharmen, II, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

Merrill Finnell, John P. Griffin, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, RIVES and GEE, Circuit Judges.

RIVES, Circuit Judge:

This appeal is from the district court's denial of a state prisoner's petition for habeas corpus. The only issue presented is whether, under the circumstances, the warrantless search of petitioner's automobile was reasonable.

The reasonableness vel non of this same search has been ably discussed by several of the Judges of the Court of Criminal Appeals of Texas on Fry's appeal from the judgment of conviction. Fry v. Texas,<...

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