SALISBURY v. GRIMES

No. 26179.

406 F.2d 50 (1969)

Henry Cook SALISBURY, Appellant, v. T. Ralph GRIMES, Sheriff of Fulton County, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

January 14, 1969.


Attorney(s) appearing for the Case

Hoke Smith, William V. Hall, Jr., Atlanta, Ga., for appellant.

Lewis R. Slaton, Sol. Gen., J. Robert Sparks, J. Walter LeCraw, Tony H. Hight, Asst. Sols. Gen., Atlanta, Ga., for appellee.

Before BELL and COLEMAN, Circuit Judges and BOYLE, District Judge.


COLEMAN, Circuit Judge:

This appeal is from the denial of federal habeas corpus relief to a prisoner, of the white race, convicted in the Georgia courts of armed robbery. We affirm.

Three separate juries have found Salisbury guilty as charged. The first conviction was reversed by the Georgia Supreme Court for an error in the trial instructions and because the prosecutor, in effect, commented on the failure of the defendant to testify, 221 Ga...

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