PAIGE v. POTTS

No. 21975.

354 F.2d 212 (1965)

Frank PAIGE, Appellant, v. A. L. POTTS, Sheriff, Coweta County, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

December 21, 1965.


Attorney(s) appearing for the Case

Welborn B. Davis, Jr., Willis G. Haugen, Newnan, Ga., for appellant.

Wright Lipford, Sol. Gen., Newnan, Ga., Alfred L. Evans, Jr., Asst. Atty. Gen., Atlanta, Ga., Eugene Cook, Atty. Gen., Albert Sidney Johnson, Asst. Atty. Gen., for appellee.

Before TUTTLE, Chief Judge, and BELL and COLEMAN, Circuit Judges.


GRIFFIN B. BELL, Circuit Judge:

Appellant is a state prisoner sentenced to die for rape. This appeal is from the denial of a petition for writ of habeas corpus without a hearing in the District Court.

The offense of rape was committed in the early morning hours of March 14, 1962 upon a twelve year old victim. Appellant was seen by the victim's mother and father but escaped. He was not known to the mother and father so the investigation which began almost immediately...

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