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MONTGOMERY v. HOPPER

No. 73-1886.

488 F.2d 877 (1973)

Henry Lewis MONTGOMERY, Petitioner-Appellant, v. Joseph S. HOPPER, Warden, Georgia State Prison, Reidsville, Ga., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 13, 1973.

Attorney(s) appearing for the Case

Charles B. Pekor, Jr., Columbus, Ga. (Court-appointed), for petitioner-appellant.

William F. Bartee, Jr., Courtney W. Stanton, Asst. Attys. Gen., Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before THORNBERRY, SIMPSON and CLARK, Circuit Judges.

CLARK, Circuit Judge:

When this same habeas corpus case was here before (457 F.2d 767), we vacated the district court's action in dismissing on the pro se petition alone and remanded for a hearing. In enumerating various matters which the trial court might consider, we said:

It does not appear that this denial was appealed to the Georgia Supreme Court. However, whether such an appeal was taken, and if not, whether it was...

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