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SMITH v. SMITH

No. 71-1311.

454 F.2d 572 (1972)

Jack Henry SMITH, Petitioner-Appellee, v. S. Lamont SMITH, Warden, Georgia State Prison, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 1, 1972.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen. of Ga., Courtney Wilder Stanton, Atlanta, Ga., respondent-appellant.

John McGuigan, Atlanta, Ga., petitioner-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 1, 1972.

THORNBERRY, Circuit Judge:

This is an appeal from the district court's determination on petition for habeas corpus that the Georgia alibi charge violates due process standards, 321 F.Supp. 482.

On March 12, 1969, petitioner was convicted by a jury of two counts of burglary. During the trial, petitioner asserted the impossibility of his guilt based on alibi...

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