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O'NEAL v. SMITH

No. 27544.

413 F.2d 269 (1969)

Buster O'NEAL, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals Fifth Circuit.

July 7, 1969.

Attorney(s) appearing for the Case

Buster O'Neal, pro se.

Arthur K. Bolton, Atty. Gen., Mathew Robins, Asst. Atty. Gen., Marion O. Gordon, Atlanta, Ga., for respondent-appellee.

Before BROWN, Chief Judge, THORNBERRY and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

O'Neal is appealing from the district court's denial of his petition for the writ of habeas corpus without first holding an evidentiary hearing.

This case comes before us on his petition for the appointment of counsel on appeal. Since we think that the record clearly upholds the prisoner's right to a full evidentiary hearing below, we have chosen to deal with the merits of the case now. Sullens v. United States, 5 Cir. 1969,

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