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GARDNER v. BLACKBURN

No. 77-2827. Summary Calendar.

569 F.2d 856 (1978)

Arthur GARDNER and Eugene Wright, Petitioners-Appellants, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 15, 1978.

Attorney(s) appearing for the Case

Arthur Gardner, pro se.

Eugene Wright, pro se.

Leon H. Whitten, Dist. Atty., Second Judicial Dist. Court, Parish of Bienville, Jonesboro, La., for respondent-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

PER CURIAM:

Arthur Gardner and Eugene Wright have appealed from the district court's denial of their petition for the writ of habeas corpus. The district court denied relief to these Louisiana state prisoners without an evidentiary hearing. We affirm in part and vacate and remand in part.

Appellants were convicted upon trial by jury of second degree murder, in the Second Judicial District Court in and for Claiborne Parish. On direct appeal the judgments were...

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