BROOKS v. SMITH

No. 29073 Summary Calendar.

429 F.2d 1281 (1970)

Jessie L. BROOKS, Plaintiff-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 6, 1970.


Attorney(s) appearing for the Case

Jessie L. Brooks, pro se.

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

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.


PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a Georgia state convict for the writ of habeas corpus. We affirm in part and vacate and remand in part.1

Appellant is presently serving an eight-year sentence for rape, having been convicted upon trial by jury. No appeal was taken. Appellant's petition for habeas corpus relief was denied by the trial court after an evidentiary hearing....

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