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JONES v. SMITH

No. 26819.

411 F.2d 475 (1969)

Leroy JONES, Petitioner-Appellee, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellant.

United States Court of Appeals Fifth Circuit.

May 7, 1969.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen. of Georgia, Courtney Wilder Stanton, Marion O. Gordon, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellant.

Robert D. Peckham, Charles T. Erion, Athens, Ga., for petitioner-appellee.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.

PER CURIAM:

The appellee, Leroy Jones, a state prisoner, unsuccessfully sought habeas corpus in the Georgia State Courts, Jones v. Smith, Warden, 224 Ga. 141, 160 S.E.2d 398 (1968). He then petitioned the United States District Court, which found his plea of guilty and sentence to have been invalid for lack of effective assistance of counsel. Georgia appeals. With a modification, we affirm.

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