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CHERRY v. DIRECTOR, STATE BD. OF CORRECTIONS

No. 79-1525.

613 F.2d 1262 (1980)

James Walter CHERRY, Petitioner-Appellant, v. DIRECTOR, STATE BOARD OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted April 25, 1980.

Attorney(s) appearing for the Case

J. Michael Lamberth, Atlanta, Ga. (Court-appointed), for petitioner-appellant.

John W. Dunsmore, Jr., Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before TUTTLE, VANCE and KRAVITCH, Circuit Judges.

Rehearing En Banc Granted April 25, 1980.

TUTTLE, Circuit Judge:

Appellant James Cherry seeks a reversal of the judgment of the district court denying him habeas corpus relief from a 1963 conviction in the Superior Court of Fulton County, Georgia for robbery by use of an offensive weapon. We reverse the district court for the reasons set forth in this opinion.

In October 1963, Cherry was put on trial in Georgia state court on the robbery charge.

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