SMITH v. LAWRENCE

No. 10107.

128 F.2d 822 (1942)

SMITH v. LAWRENCE, Warden.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 20, 1942.


Attorney(s) appearing for the Case

George W. Willingham, of Atlanta, Ga., and Edwin H. Grace, of New Orleans, La., for appellant.

John A. Boykin, Sol. Gen., Quincy O. Arnold, Asst. Sol. Gen., and Ellis Arnall, Atty. Gen., of Georgia, all of Atlanta, Ga., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

Richard Smith was indicted, tried, convicted, and sentenced to death in the Georgia State Court for the murder of a night watchman during a liquor store burglary at Rhodes Center in Atlanta, Georgia. At the trial in the State Court, Raymond Carter, an alleged accomplice who was then under death sentence for another murder, testified that he and Smith were engaged in the burglary of the liquor store when the night watchman came upon them, and...

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