SMITH v. HIGHTOWER

26198.

227 Ga. 144 (1971)

179 S.E.2d 242

SMITH v. HIGHTOWER.

Supreme Court of Georgia.

Decided January 7, 1971.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William R. Childers, Jr., Courtney Wilder Stanton. Assistant Attorneys General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, for appellant.

Rudolph O. Hightower, pro se.


MOBLEY, Presiding Justice.

Rudolph O. Hightower brought a petition for habeas corpus asserting that his sentence of life imprisonment on a murder charge was illegal because the judge's charge on his trial on the defense of alibi violated his right to due process under the Fourteenth Amendment of the Constitution of the United States. The judge hearing the habeas corpus proceeding declared that the sentence was void for the reason asserted, and directed that he be...

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