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ATKINS v. LISTI

No. 79-4058 Summary Calendar.

625 F.2d 525 (1980)

W. D. ATKINS, Jr., Petitioner-Appellant, v. Carlo P. LISTI, Sheriff, Parish of Lafayette, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 2, 1980.

Attorney(s) appearing for the Case

Risley C. Triche, Napoleonville, La., for petitioner-appellant.

J. Nathan Stansbury, Dist. Atty., Lafayette, La., for respondent-appellee.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.

PER CURIAM:

This appeal, from the Western District of Louisiana, is from the district judge's denial of habeas relief to a Louisiana state prisoner. Appellant, a lawyer, was convicted by a six-person jury of felony theft. Only five of the jurors voted to convict, which sufficed under Article I, § 17 of the Louisiana Constitution, and Article 782(A), La.Code Crim.Pro. On direct appeal, the judgment was affirmed. State v. Atkins, 360 So...

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