SMITH v. WHISMAN

No. 28194.

431 F.2d 1051 (1970)

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

United States Court of Appeals, Fifth Circuit.

September 16, 1970.


Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen. of Ga., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Marion O. Gordon, Courtney Wilder Stanton, Asst. Attys. Gen., Atlanta, Ga., for appellant.

Reuben A. Garland, Garland & Garland, Edward T. M. Garland, Atlanta, Ga., for appellee.

Before SIMPSON, MORGAN and INGRAHAM, Circuit Judges.


INGRAHAM, Circuit Judge.

Appellee Woodrow Whisman was convicted of murder and sentenced to death by the Superior Court of Chattooga County, Georgia on January 23, 1965. This appeal, which is the latest development in a long history of litigation, arose when appellee filed an application for a writ of habeas corpus in the United States District Court, alleging nine violations of his constitutional rights. A stay of execution was immediately granted, and two months...

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