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CLARKE v. GRIMES

No. 23905.

374 F.2d 550 (1967)

Johnny Lee CLARKE, Appellant, v. T. Ralph GRIMES, Sheriff, Fulton County, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

March 24, 1967.

Attorney(s) appearing for the Case

Richard M. Hester, Frank B. Hester, Atlanta, Ga., for appellant.

Lewis R. Slaton, Sol. Gen., Paul Ginsberg, Asst. Sol. Gen., Atlanta, Ga., for appellee.

Before BROWN, GOLDBERG and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

Johnny Lee Clarke is under sentence of death by electrocution by a Georgia state court for murder which arose out of an armed robbery. His petition for habeas corpus to the federal district court was dismissed without a hearing because he did not allege that he had exhausted his available remedies in the Georgia state courts.

His petition for habeas corpus raised two important questions. First, did the state court err in signing an...

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