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HILLIE v. MAGGIO

No. 82-3273.

712 F.2d 182 (1983)

L.H. HILLIE, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General of the State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 15, 1983.

Attorney(s) appearing for the Case

Mary Daffin, Houston, Tex., for petitioner-appellant.

John H. Craft, Mary Charlotte McMullan, Asst. Dist. Attys., New Orleans, La., for respondents-appellees.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

Appellant L.H. Hillie was convicted by a Louisiana court of attempted armed robbery1 and sentenced to five years imprisonment. After exhausting state remedies, he filed a petition in United States District Court pursuant to 28 U.S.C. § 2254, alleging that the evidence produced at trial was insufficient to prove that he was armed with a dangerous weapon, an essential element of the crime. He now appeals from the...

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