COBB v. BALKCOM

No. 21085.

339 F.2d 95 (1964)

Ex rel. Preston COBB, Jr., Appellant, v. R. P. BALKCOM, Jr., Warden, Appellee.

United States Court of Appeals Fifth Circuit.

December 3, 1964.


Attorney(s) appearing for the Case

D. L. Hollowell, Horace T. Ward, Atlanta, Ga., Robert L. Carter, New York City, for appellant.

Albert Sidney Johnson, Asst. Atty. Gen., Eugene Cook, Atty. Gen., Peyton S. Hawes, Jr., Asst. Atty. Gen., Atlanta, Ga., B. Daniel Dubberly, Jr., Glennville, Ga., George D. Lawrence, Sol. Gen., Ocmulgee Judicial Circuit, Eatonton, Ga., for appellee.

Before RIVES and BELL, Circuit Judges, and SPEARS, District Judge.


GRIFFIN B. BELL, Circuit Judge:

Appellant Cobb, having been indicted for murder, was tried and convicted without a recommendation of mercy in the Superior Court of Jasper County, Georgia, on August 16, 1961. Consequently, he was sentenced, on the same day, to death by electrocution. Cobb, a Negro, was the sixth of nine children, and lived with his mother on the victim's farm where both were employed. His father was deceased. He was fifteen years of age at the time...

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