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BURSTON v. CALDWELL

No. 72-3053.

477 F.2d 996 (1973)

James BURSTON, Petitioner-Appellant, v. E. B. CALDWELL, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 14, 1973.

Attorney(s) appearing for the Case

Wayne S. Hyatt, Atlanta, Ga., court appointed, for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Daniel I. MacIntyre, Atlanta, Ga., for respondent-appellee.

Before TUTTLE, THORNBERRY and DYER, Circuit Judges.

DYER, Circuit Judge:

In 1935, Burston and two other blacks were tried in the Superior Court of Fulton County, Georgia, on two counts of robbery and on one count of assault with intent to rob. Upon conviction, Burston was sentenced to 3 consecutive prison terms totaling 44 years: 12-20 years for robbery of $42.25, 3-4 years for the assault, and 20 years for robbery of $4.-30. After serving 20 months of his sentence, he escaped and remained at large for some 34 years...

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