MITCHELL v. SMITH

27277.

229 Ga. 781 (1972)

194 S.E.2d 414

MITCHELL v. SMITH.

Supreme Court of Georgia.

Decided November 20, 1972.

Rehearing Denied December 4, 1972.


Attorney(s) appearing for the Case

John R. Myer, Elizabeth R. Rindskopf, Howard Moore, Jr., for appellant.

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Dorothy T. Beasley, Assistant Attorneys General, B. D. Dubberly, Jr., Deputy Assistant Attorney General, for appellee.

Reuben A. Garland, amicus curiae.


MOBLEY, Chief Justice.

This appeal is from a judgment rendered by Judge Paul E. Caswell, Superior Court of Tattnall County, denying relief to the appellant under his post-conviction petition for habeas corpus. The appellant was convicted for the offense of rape, and sentenced to death.

1. The appellant first complains that he was identified at the trial by the alleged victim of the crime after she had viewed him at a line-up, when he was not represented by...

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