BONAPARTE v. SMITH

No. 71-1179.

448 F.2d 385 (1971)

Joseph BONAPARTE, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Ga., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 16, 1971.


Attorney(s) appearing for the Case

Joseph Bonaparte, pro se.

Arthur K. Bolton, Atty. Gen. of Ga., William R. Childers, Jr., Atlanta, Ga., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


PER CURIAM:

The opinion rendered by this Court on July 22, 1971, in the above-styled and numbered cause is hereby withdrawn, and the following opinion is substituted in lieu thereof.

This is an appeal from the district court's denial of habeas corpus relief to a prisoner of the State of Georgia. The district court, without an evidentiary hearing, denied the petition on the ground that the appellant intentionally bypassed his state remedy of appeal to the Georgia...

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