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CADE v. BALKCOM

No. 23061.

361 F.2d 212 (1966)

Robert L. CADE, Appellant, v. R. P. BALKCOM, Jr., Warden, Georgia State Prison, Appellee.

United States Court of Appeals Fifth Circuit.

May 17, 1966.

Attorney(s) appearing for the Case

No formal appearance was entered for appellant.

Peyton S. Hawes, Jr., Asst. Atty. Gen., Arthur K. Bolton, Atty. Gen., Marion O. Gordon, Deputy Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and KILKENNY, District Judge.

PER CURIAM:

This is an appeal from the denial of a writ of habeas corpus. Appellant was convicted on seven counts of sodomy in state court. He was represented at the trial by counsel of his own selection. No motion for new trial was filed. After the time for the filing of such a motion had expired, appellant, with newly retained counsel, filed an extraordinary motion for new trial. This motion was denied, and the denial affirmed in Cade v. State, 1962,

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