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STAGGERS v. STYNCHCOMBE

Civ. A. No. 13415.

319 F.Supp. 1305 (1970)

Cherthel Lee STAGGERS v. Leroy N. STYNCHCOMBE, Sheriff, Fulton County, Georgia.

United States District Court, N. D. Georgia, Atlanta Division.

January 21, 1970.

Attorney(s) appearing for the Case

Benjamin H. Oehlert, III, Heyman & Sizemore, Atlanta, Ga., for petitioner.

Carter Goode, Asst. Dist. Atty., Lewis R. Slaton, Dist. Atty., Atlanta Judicial Circuit, Atlanta, Ga., for respondent.

SIDNEY O. SMITH, Jr., Chief Judge.

This is an application for writ of habeas corpus filed by a state prisoner presently confined in the Fulton County Jail, Atlanta, Georgia. The sole contention for consideration is whether petitioner could be tried again for a crime of which he was convicted, which conviction was reversed by the Georgia Court of Appeals for insufficient evidence. Staggers v. State, 119 Ga.App. 85,

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