HARRIS v. SPEARS

No. 79-1184.

606 F.2d 639 (1979)

Oscar HARRIS, Jr., Petitioner-Appellee, v. Larry SPEARS, Warden, Staton Correctional Center and Charlie Graddick, Attorney General for the State of Alabama, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

November 16, 1979.


Attorney(s) appearing for the Case

Charlie A. Graddick, Atty. Gen., John Gibbs, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellants.

Delores Boyd, Montgomery, Ala., Eric Lieberman, New York City, for petitioner-appellee.

Before COLEMAN, RONEY and FAY, Circuit Judges.


RONEY, Circuit Judge:

Oscar Harris, Jr. was convicted by a jury in Alabama of murder in the second degree and sentenced to forty-five years imprisonment. Without ruling on the merits of Harris' claims, the Alabama appellate court affirmed the conviction because Harris did not properly preserve error for review by objecting during trial or stating with adequate specificity the grounds for his motion for new trial. Harris...

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