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DAVIS v. STATE OF ALA.

No. 78-1165.

596 F.2d 1214 (1979)

James G. DAVIS, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 6, 1979.

Attorney(s) appearing for the Case

B. Don Hale (court-appointed), Cullman, Ala., for petitioner-appellant.

William J. Baxley, Atty. Gen., Carol Jean Smith, Asst. Atty. Gen., Montgomery, Ala., for respondent-appellee.

Before GOLDBERG, Circuit Judge, SKELTON, Senior Judge, and FAY, Circuit Judge.

Rehearing and Rehearing En Banc Denied August 6, 1979.

GOLDBERG, Circuit Judge:

No one denies that James Davis, the appellant in this case, killed his wife. He pleaded not guilty by reason of insanity —his only possible defense—but a jury in Cullman County, Alabama, convicted him of first degree murder. After unsuccessfully pursuing his state remedies he petitioned for federal habeas corpus. He alleged that there were a number of constitutional...

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