FULFORD v. DUTTON

No. 24306.

380 F.2d 16 (1967)

John C. FULFORD, Appellant, v. A. L. DUTTON, Warden, Georgia State Prison, Appellee.

United States Court of Appeals Fifth Circuit.

July 6, 1967.


Attorney(s) appearing for the Case

John C. Fulford, pro se.

Mathew Robins, Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.


PER CURIAM:

Appellant was tried and convicted of robbery with an offensive weapon. Although the jury recommended that the crime be treated as a misdemeanor, the trial judge refused to act upon that recommendation and sentenced appellant to serve ten years in the Georgia penitentiary. The conviction was affirmed by the Georgia Supreme Court. Appellant's petition for a writ of habeas corpus was denied by the Georgia courts. Appellant has exhausted his state remedies...

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