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BYRD v. HOPPER

No. 76-1426 Summary Calendar.

537 F.2d 1303 (1976)

Willie James BYRD, Petitioner-Appellant, v. Joe S. HOPPER, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 1, 1976.

Attorney(s) appearing for the Case

Edwin M. Saginar, Atlanta, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., G. Stephen Parker, G. Thomas Davis, Asst. Attys. Gen., Robert S. Stubbs, II, Chief Deputy Atty. Gen., Richard L. Chambers, Deputy Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellant, Willie James Byrd, is a Georgia state prisoner serving a sixteen-year sentence imposed by the Superior Court of Fulton County on May 30, 1973, following conviction for three counts of armed robbery. Of the numerous alleged errors he propounds as grounds for the District Court's dismissal of his petition for habeas corpus, only one warrants discussion here: his claim that he was denied due process because he was not present at the...

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