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MOSLEY v. SMITH

No. 26227.

404 F.2d 346 (1968)

Russell MOSLEY, Appellant, v. Lamont SMITH, Warden, Georgia State Prison, Appellee.

United States Court of Appeals Fifth Circuit.

December 4, 1968.

Attorney(s) appearing for the Case

Thomas F. Walsh, Savannah, Ga., for appellant.

Arthur K. Bolton, Atty. Gen., Mathew Robins, John W. Hinchey, Asst. Attys. Gen., Arthur K. Bolton, Atty. Gen., Marion O. Gordon, Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before BELL and MORGAN, Circuit Judges, and GUINN, District Judge.

PER CURIAM:

This is an appeal from the District Court's denial of a writ of habeas corpus to a prisoner of the State of Georgia. The case has been before this Court previously and is reported in Mosley v. Dutton, 367 F.2d 913 (5 Cir., 1966).

The District Court's judgment is affirmed in part, and vacated and remanded in part.

On this appeal four issues are presented which are enumerated as follows:

1. Was the...

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