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JOHNSON v. SMITH

No. 27016.

414 F.2d 645 (1969)

Sinclair JOHNSON, alias St. Clair Johnston, Appellant, v. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

July 9, 1969.

Attorney(s) appearing for the Case

Glenn Zell, Atlanta, Ga., for appellant.

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

Before COLEMAN and SIMPSON, Circuit Judges, and MEHRTENS, District Judge.

MEHRTENS, District Judge:

Sinclair Johnson appeals from an order denying his petition for a writ of habeas corpus. We affirm.

In 1961, Johnson and a co-defendant, Lawrence Duncan, were indicted in the United States District Court for bank robbery. The two were also indicted by the State of Georgia for burglary involving the same robbery and, in a second indictment, for breaking into and robbing a store.

Both...

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