DONLAVEY v. SMITH

No. 28146.

426 F.2d 800 (1970)

William B. DONLAVEY, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended May 15, 1970.

Rehearing Denied June 10, 1970.


Attorney(s) appearing for the Case

William B. Donlavey, pro se, Frank B. Strickland, Atlanta, Ga. (Court-appointed), for petitioner-appellant.

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

Before SIMPSON, MORGAN and INGRAHAM, Circuit Judges.


PER CURIAM:

Petitioner, a state prisoner, was arrested for burglary of a grocery store, tried by a jury and convicted. He contends on this petition for habeas corpus: (1) that he was deprived of a fair trial because poor people were systematically excluded from the jury list, (2) that he was denied his right to counsel at the preliminary hearing, and (3) that his arrest was void ab initio because he was held incommunicado for 68 hours before being arraigned...

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