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BASSETT v. SMITH

No. 71-2513.

464 F.2d 347 (1972)

James K. BASSETT, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 1972.

Attorney(s) appearing for the Case

Foy Devine, Atlanta, Ga. (Court appointed), for petitioner-appellant.

Arthur K. Bolton, Atty. Gen. of Ga., Harold N. Hill, Jr., Courtney Wilder Stanton, David L. G. King, Jr., Asst. Attys., Gen., Atlanta, Ga., for respondent-appellee.

Before RIVES, BELL and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

In Smith v. Smith, 5 Cir. 1971, 454 F.2d 572, this court held that the alibi charge used in the state courts of Georgia violated due process standards. This appeal presents the narrow question of the extent to which that ruling will be given retroactive application.

I.

James K. Bassett was indicted along with Charles Patterson on August 19, 1957, in the Bib County, Georgia, Superior...

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