WHITMORE v. MAGGIO

No. 83-3734 Summary Calendar.

742 F.2d 230 (1984)

Kenneth Wayne WHITMORE, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

September 24, 1984.


Attorney(s) appearing for the Case

Kenneth Wayne Whitmore, pro se.

Kay Kirkpatrick, Asst. Dist. Atty., Baton Rouge, La., for respondents-appellees.

Before RUBIN, JOLLY, and DAVIS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

A prisoner convicted of two counts of armed robbery in a Louisiana state court and sentenced to a total of 125 years' imprisonment, without benefit of parole, seeks habeas corpus on the grounds that the evidence was not sufficient to support his conviction, the state court's charge confused the jury, and the sentence constituted cruel and unusual punishment. For reasons somewhat different from those advanced by the district court, we...

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