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BURSTON v. CALDWELL

No. 73-3811.

506 F.2d 24 (1975)

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

United States Court of Appeals, Fifth Circuit.

January 6, 1975.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Daniel I. Macintyre, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Wayne S. Hyatt, Atlanta, Ga. (Court-appointed), for petitioner-appellee.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The respondent State of Georgia prison official appeals from an order of the district court granting habeas corpus relief as to two of three convictions and sentences imposed on James Burston in 1935 under two indictments, the first charging robbery and assault with intent to rob, and the second charging armed robbery. The district court held that petitioner was denied his right to the effective assistance of counsel on the robbery count of...

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