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McGARRAH v. DUTTON

No. 24107.

381 F.2d 161 (1967)

L. C. McGARRAH, Appellant, v. A. L. DUTTON, Warden, Georgia State Prison, Reidsville, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

July 26, 1967.

Attorney(s) appearing for the Case

C. B. King, Albany, Ga., Charles S. Ralston, New York City, for appellant.

Carter A. Setliff, Asst. Atty. Gen., Atlanta, Ga., Arthur K. Bolton, Atty. Gen., G. Ernest Tidwell, Executive Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before BROWN, Chief Judge, BELL, Circuit Judge, and BREWSTER, District Judge.

JOHN R. BROWN, Chief Judge:

On July 26, 1955, the Appellant, McGarrah, unrepresented by counsel, waived indictment and pleaded guilty in Superior Court of Sumter County to two counts charging assault with intent to commit rape and three counts of burglary. He was sentenced to 20 years each on the first two counts and 10 years each on the three remaining counts to be served consecutively, a total of 70 years. On January 18...

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