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SHANK v. SMITH

No. 28821 Summary Calendar.

426 F.2d 1344 (1970)

Keith L. SHANK, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 2, 1970.

Attorney(s) appearing for the Case

Keith L. Shank, pro se.

Arthur K. Bolton, Atty. Gen., Larry H. Evans, Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

This appeal is from the denial of a petition for writ of habeas corpus in the district court without an evidentiary hearing. We affirm in part and vacate and remand in part.1

Appellant was convicted on a guilty plea in the Superior Court of DeKalb County, Georgia of the offense of larceny after trust. While serving the sentence imposed on the plea of guilty, he sought a writ of habeas corpus in the appropriate state...

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