SMITH v. HIXON

No. 16649.

249 F.2d 41 (1957)

Sidney C. SMITH v. S. W. HIXON, Warden, Atmore State Prison, Atmore, Alabama.

United States Court of Appeals Fifth Circuit.

November 6, 1957.


Attorney(s) appearing for the Case

Sidney C. Smith, in pro. per., Edward E. Cobbs, Rufus M. King, Montgomery, Ala., for appellant.

John M. Patterson, Atty. Gen., George Young, Asst. Atty. Gen., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment sustaining a motion to dismiss a petition for habeas corpus. The facts are fully set forth in two able opinions of the district court, the first dismissing an earlier petition without prejudice, 142 F.Supp. 302, and the second giving the petitioner thirty days

"within which to amend his petition to show facts, if any there be, which would excuse his failure to pursue...

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