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DAVIS v. STATE OF ALABAMA

No. 76-1273.

545 F.2d 460 (1977)

James G. DAVIS, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 14, 1977.

Attorney(s) appearing for the Case

James G. Davis, pro se.

George G. Lynn (Court-appointed), Birmingham, Ala., for petitioner-appellant.

William J. Baxley, Atty. Gen., Carol Jean Smith, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before RIVES, GEWIN and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Petitioner James G. Davis appeals the denial of his petition for habeas corpus relief, sought pursuant to 28 U.S.C. § 2254, by the United States District Court for the Northern District of Alabama. The Circuit Court of Cullman County, Alabama convicted Davis of first degree murder on November 26, 1973. After exhausting his state remedies,1 Davis filed the present petition2

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