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CROSBY v. SMITH

No. 26196.

404 F.2d 876 (1968)

David Lee CROSBY, Appellant, v. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

November 27, 1968.

Attorney(s) appearing for the Case

David Lee Crosby pro se.

Arthur K. Bolton, Atty. Gen. of Georgia, Mathew Robins, Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before ALDRICH, GODBOLD and DYER, Circuit Judges.

PER CURIAM:

Appellant filed a habeas petition in the United States District Court on March 30, 1967, attacking his conviction of child molesting, entered after plea of not guilty and jury trial. He alleged that he was serving a ten-year sentence on that charge. The petition claimed that on the day following the conviction he was forced to plead guilty to a charge of statutory rape, by reason of the conviction, and comments by the prosecutor during the jury trial,...

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