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TOLEVER v. SMITH

24523.

224 Ga. 270 (1968)

161 S.E.2d 266

TOLEVER v. SMITH, Warden.

Supreme Court of Georgia.

Decided April 4, 1968.

Rehearing Denied April 22, 1968.

Attorney(s) appearing for the Case

Garland & Garland, Reuben A. Garland, for appellant.

J. Max Cheney, Solicitor General, Arthur K. Bolton, Attorney General, Marion O. Gordon, Assistant Attorney General, Joel C. Williams, Jr., Deputy Assistant Attorney General, for appellee.

GRICE, Justice.

His petition for habeas corpus having been denied, Fred Tolever appeals to this court. The petition, filed in the Superior Court of Tattnall County against Lamont Smith, Warden of the Georgia State Prison, alleged that he is illegally held under sentence of the Superior Court of Lee County on a plea of guilty not voluntarily entered. The respondent denied the material allegations. Upon a hearing at which evidence was presented by both parties, the...

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