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GOODWIN v. SMITH

No. 30577.

439 F.2d 1180 (1971)

Perry GOODWIN, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 8, 1971.

Attorney(s) appearing for the Case

Robert D. Peckham, Athens, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Marion O. Gordon and William R. Childers, Jr., Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before GEWIN, COLEMAN and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

On December 18, 1959, Perry Goodwin pled guilty in the Superior Court of Muscogee County, Georgia, to six counts of forgery and ten counts of "fictitious writing." He was sentenced to an aggregate of fifteen years' imprisonment. After having served part of his sentence in the Georgia State Penitentiary, Goodwin escaped. He was apprehended in another state and served a five-year sentence there for another offense, whereupon he was returned...

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