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CANNON v. STATE OF ALABAMA

No. 76-2118.

558 F.2d 1211 (1977)

Charles William CANNON, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 12, 1977.

Attorney(s) appearing for the Case

Robert R. Bryan, Birmingham, Ala. (Court-appointed), Leon St. John, West Palm Beach, Fla., for petitioner-appellant.

William J. Baxley, Atty. Gen., Birmingham, Ala., Randolph P. Reaves, Asst. Atty. Gen., Montgomery, Ala., Barry V. Hutner, Asst. Attys. Gen., Birmingham, Ala., for respondent-appellee.

Before GOLDBERG, SIMPSON and FAY, Circuit Judges.

GOLDBERG, Circuit Judge:

In a Birmingham service station on the night of May 31, 1972, a black customer shot and killed the manager, son of the city's deputy police chief. The state of Alabama charged Charles William Cannon with murder in connection with that shooting. The sole issue at trial was the identity of the assailant. The state presented one eyewitness who identified Cannon as the killer and another eyewitness who placed Cannon at the scene just prior to...

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