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TAYLOR v. HOPPER

No. 78-2623.

596 F.2d 1284 (1979)

Ervin G. TAYLOR, Petitioner-Appellant, v. Joseph S. HOPPER, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 1, 1979.

Attorney(s) appearing for the Case

James C. Bonner, Jr., Athens, Ga., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Robert S. Stubbs, II, Don A. Langham, John C. Walden, Harrison Kohler, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

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

Rehearing and Rehearing En Banc Denied August 1, 1979.

COLEMAN, Circuit Judge.

This habeas corpus appellant, Ervin G. Taylor, was indicted in the Superior Court of Muscogee County, Georgia, for the offenses of criminal attempt-armed robbery, a felony, Ga.Code Ann., §§ 26-1001, 26-1006, and felony murder, Ga.Code Ann., § 26-1101(b). He was tried and convicted, along with a co-defendant, Michael Farley.1 Both men were...

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