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MOORE v. FOTI

No. 76-2491 Summary Calendar.

546 F.2d 67 (1977)

Edwin MOORE, Petitioner-Appellant, v. Charles FOTI, Criminal Sheriff for the Parish of Orleans, State of Louisiana, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 1977.

Attorney(s) appearing for the Case

Harold Douglas, New Orleans, La., for petitioner-appellant.

Harry Connick, Dist. Atty., William L. Brockman, Asst. Dist. Atty., New Orleans, La., for respondent-appellee.

Before BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.

PER CURIAM:

Appellant, a prisoner in Orleans Parish, Louisiana, seeks relief from further prosecution for first degree murder on the ground that he has previously been put in jeopardy for the same offense. Appellant and two others, all juveniles at the time of the crime, were indicted for first degree murder, punishable by death. Pursuant to a plea bargain reached by appellant and the prosecutor, the state district court accepted a guilty plea to second degree murder...

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