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EVANS v. MAGGIO

No. 76-3072.

557 F.2d 430 (1977)

Daryl EVANS and Bernard Butler, Petitioners-Appellants, v. Ross MAGGIO, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1977.

Attorney(s) appearing for the Case

William E. Rittenberg, New Orleans, La. (Court-appointed), for petitioners-appellants.

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

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

AINSWORTH, Circuit Judge:

Daryl Evans and Bernard Butler, in custody of the State of Louisiana, brought this petition for habeas corpus under 28 U.S.C. § 2254 alleging that the grand and petit juries which indicted and convicted them in Louisiana state court were unconstitutionally composed. The district judge held that Evans and Butler had waived the issue on appeal in Louisiana state court and denied relief. Evans...

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