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WALTERS v. CLEMENT

No. 75-4189.

544 F.2d 1340 (1977)

Richard WALTERS, Petitioner-Appellant, v. Hon. C. Archie CLEMENT, Judge of County Court, Pinellas County, Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 1977.

Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, Sixth Judicial Circuit, Michael C. Cheek, Asst. Public Defender, Clearwater, Fla., for petitioner-appellant.

James T. Russell, State Atty., George E. Tragos, Ass't State Atty., Clearwater, Fla., for respondent-appellee.

Before BROWN, Chief Judge, and TUTTLE and TJOFLAT, Circuit Judges.

PER CURIAM:

Appellant was arrested July 28, 1975 and charged with the offense of "night prowling." Convicted after jury trial on September 17, 1975, he filed a petition for habeas corpus in the District Court of the Middle District of Florida. He contended that Florida Statute 856.021, the "loitering or prowling" statute was unconstitutional. The exhaustion requirement was thought to be obviated by the fact that the state...

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