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PRESTON v. BLACKBURN

No. 79-3499.

638 F.2d 788 (1981)

Hillery PRESTON, Petitioner-Appellant, v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

March 2, 1981.

Attorney(s) appearing for the Case

Hillery Preston, pro se.

Ralph S. Whalen, Jr., New Orleans, La. (Court-appointed), for petitioner-appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, La., James Kevin McNary, Harry F. Connick, Dist. Atty., New Orleans, La., for respondent-appellee.

Before COLEMAN, RUBIN and WILLIAMS, Circuit Judges.

COLEMAN, Circuit Judge:

In 1975, Hillery Preston was indicted and tried for aggravated rape. At trial the alleged victim, a 13-year-old girl, identified the defendant as her assailant and testified that he threatened her with a knife. Preston offered testimony from witnesses which, if believed, would tend to show that the girl was better acquainted with him than she admitted. Apparently, the jury did not believe these witnesses. It convicted defendant of aggravated...

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