SMART v. BALKCOM

No. 22564.

352 F.2d 502 (1965)

David M. SMART, Appellant, v. R. P. BALKCOM, Jr., Warden, Georgia State Prison, Appellee.

United States Court of Appeals Fifth Circuit.

November 1, 1965.


Attorney(s) appearing for the Case

Aaron Kravitch, Savannah, Ga., for appellant.

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

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


BELL, Circuit Judge.

Appellant alleges in his petition for writ of habeas corpus that he was illegally convicted of two crimes in the Georgia courts in that they arose out of the same transaction, and also that his court appointed counsel failed to appeal his conviction. The District Court denied his petition on the ground of failure to exhaust state remedies, but without prejudice to his seeking a writ at an appropriate date in the future.

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