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WHIPPLER v. BALKCOM

No. 21726.

342 F.2d 388 (1965)

Ernest WHIPPLER, Appellant, v. R. P. BALKCOM, Jr., Warden, Georgia, State Prison, Reidsville, Tattnall County, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

March 3, 1965.

Attorney(s) appearing for the Case

Howard Moore, Jr., Atlanta, Ga., James M. Nabrit, III, New York City, for appellant.

Albert Sidney Johnson, Asst. Atty. Gen., Atlanta, Ga., Eugene Cook, Atty. Gen., Peyton S. Hawes, Jr., Asst. Atty. Gen., for appellee.

Before WISDOM and GEWIN, Circuit Judges, and BREWSTER, District Judge.

WISDOM, Circuit Judge.

December 7, 1960, Ernest Whippler, represented by court-appointed counsel, was convicted of murder. The Superior Court of Bibb County, Georgia, sentenced Whippler to death by electrocution. The Georgia Supreme Court affirmed. Whippler v. State, 1962, 218 Ga. 198, 126 S.E.2d 744. The United States Supreme Court denied certiorari. Whippler v. Georgia, 1963, 375 U.S. 960, 84 S...

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