DAVIS v. SMITH

No. 28500.

430 F.2d 1256 (1970)

James Henry DAVIS, Petitioner-Appellee, v. S. Lamont SMITH, Warden, Georgia State Prison, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

August 5, 1970.


Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen. of Georgia, Mathew Robins, Asst. Atty. Gen., Dorothy Beasley, Deputy Asst. Atty. Gen., Atlanta, Ga., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Marion O. Gordon, Asst. Atty. Gen., for respondent-appellant.

Hugh M. Dorsey, Jr., Atlanta, Ga., for petitioner-appellee.

Before JOHN R. BROWN, Chief Judge, and BELL and INGRAHAM, Circuit Judges.


JOHN R. BROWN, Chief Judge:

This appeal presents the statistically rare case of a writ of habeas corpus that was granted by the Federal District Court.1 Davis, a Negro, was convicted of burglary in the Superior Court of Fulton County in September 1966. After petition for writ of habeas corpus in the Superior Court of the County of Tattnall, (place of confinement) was denied, he took no further action in State Court but filed a petition...

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