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LINER v. PHELPS

No. 83-3128.

731 F.2d 1201 (1984)

David Jon LINER, Petitioner-Appellant, v. C. Paul PHELPS, Secretary, Department of Corrections and William J. Guste, Jr., Attorney General of the State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 14, 1984.

Attorney(s) appearing for the Case

McElroy & Ramsey, Ltd., Allen A. McElroy, Jr., Berwick, La., Arthur A. Lemann, III, New Orleans, La., for petitioner-appellant.

Rene I. Salomon, Asst. Atty. Gen., Baton Rouge, La., for respondents-appellees.

Before REAVLEY and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

This is an appeal from the judgment of the district court denying appellant's petition for a writ of habeas corpus in which he challenged the validity of his Louisiana conviction for first degree murder. Appellant's challenge is predicated solely on the alleged defectiveness of the wording of the indictment on which he was prosecuted. Appellant was indicted in September 1978. The indictment charged him with having on May 20, 1978, in St. Mary...

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