JOHNSON v. WRIGHT

No. 74-3017.

509 F.2d 828 (1975)

Jerry L. JOHNSON, Petitioner-Appellant, v. R. C. WRIGHT, Warden, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended April 2, 1975.

Rehearing and Rehearing Denied April 28, 1975.


Attorney(s) appearing for the Case

Philip S. Davi, Atlanta, Ga. (court appointed), for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Lewis R. Slaton, Dist. Atty., Atlanta Jud. Circuit, Joel M. Feldman, Morris H. Rosenberg, Carter Goode, James H. Mobley, Jr., H. Allen Moye, Asst. Dist. Attys., Atlanta, Ga., for respondents-appellees.

Before DYER, MORGAN and GEE, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 28, 1975.

LEWIS R. MORGAN, Circuit Judge:

Appellant was convicted in Superior Court of Fulton County, Georgia, of armed robbery and of carrying a concealed and unlicensed pistol. He appeals the district court's denial of his petition for habeas corpus on two grounds:

(1) his warrantless arrest was not based on probable cause and violated his rights under the Fourth Amendment;

(2) the trial judge...

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