225 Ga. 296 (1969)

167 S.E.2d 753


Supreme Court of Georgia.

Decided May 8, 1969.

Rehearing Denied May 22, 1969.

Attorney(s) appearing for the Case

Howard Moore, Jr., Peter E. Rindskopf, for appellant.

Arthur K. Bolton, Attorney General, Marion O. Gordon, Assistant Attorney General, Courtney Wilder Stanton, Deputy Assistant Attorney General, for appellee.

MOBLEY, Justice.

This appeal is from a judgment in a habeas corpus case. The appellant was convicted of murder and given a death sentence on March 9, 1965. The judge hearing the habeas corpus proceeding made findings of fact and law, and determined that the appellant's conviction was not invalid on any ground made in the habeas corpus petition, but found that his sentence was illegal under the rulings made in Witherspoon v. Illinois, 391 U.S. 510

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