PHILLIPS v. DUTTON

No. 24208.

378 F.2d 898 (1967)

Leon D. PHILLIPS, Appellant, v. A. L. DUTTON, Warden, Georgia State Prison, Reidsville, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

June 15, 1967.


Attorney(s) appearing for the Case

Thomas F. Walsh, Savannah, Ga., for appellant.

Mathew Robins, Asst. Atty. Gen., Atlanta, Ga., Arthur K. Bolton, Atty. Gen., G. Ernest Tidwell, Executive Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.


PER CURIAM.

Appellant was convicted in the Fulton County, Georgia, Superior Court of larceny from the house and sentenced on March 8, 1960 to a term of eight years. On August 4, 1960, he left the penitentiary and was not returned until December 2, 1965. Prior to filing the present petition, a similar petition for habeas corpus was filed in the Reidsville, Georgia, City Court and denied. He testified that on August 4, 1960, while then serving his sentence, he was sent...

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