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HENDERSON v. DUTTON

No. 24741.

397 F.2d 375 (1968)

Clinton HENDERSON, Appellant, v. A. L. DUTTON, Warden, Georgia State Prison, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 24, 1968.

Attorney(s) appearing for the Case

Michael J. Gannam, Savannah, Ga., for appellant.

Marion O. Gordon, Joel C. Williams, Jr., Asst. Atty. Gen., Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for appellee.

Before JOHN R. BROWN, Chief Judge, and FAHY and DYER, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Appellant Henderson seeks review of an order of the District Court denying, after an evidentiary hearing, his petition for a writ of habeas corpus. Since we conclude that further evidentiary hearings are needed, we conclude also that Appellant has failed to exhaust available State remedies under the new Georgia Habeas Corpus Act of 1967.1 Thus we affirm but without prejudice to Appellant to present his contentions...

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