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MASON v. BALCOM

No. 74-3602.

531 F.2d 717 (1976)

Marion MASON, Petitioner-Appellee, v. Charles BALCOM, Superintendent, Montgomery Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 25, 1976.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Robert S. Stubbs, II, Richard L. Chambers, B. Dean Grindle, Jr., Asst. Attys. Gen., Atlanta, Ga., for respondent-appellant.

Glenn Zell, Atlanta, Ga., for petitioner-appellee.

Before BROWN, Chief Judge, WISDOM and COLEMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 25, 1976.

JOHN R. BROWN, Chief Judge:

The State of Georgia on behalf of respondent Balcom, Superintendent of the Montgomery Correctional Institution, appeals from the District Court's grant of habeas relief to petitioner-appellee Mason, a state prisoner, who pleaded guilty in state court to charges of robbery and burglary. The State's chief contentions on appeal are that the District Court abused its discretion in...

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