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LAMAR v. BANKS

No. 81-7347.

684 F.2d 714 (1982)

Joseph LAMAR, Petitioner-Appellant, v. Fred BANKS, Warden, Gwinnett County Correctional Institute, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 26, 1982.

Attorney(s) appearing for the Case

J. M. Raffauf, Decatur, Ga., for petitioner-appellant.

Bryant Huff, Dist. Atty., Michael C. Clark, Asst. Dist. Atty., Lawrenceville, Ga., for respondent-appellee.

Before FAY, VANCE and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge:

Petitioner Joseph Lamar appeals the denial by the District Court of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He alleges, among other things, that the Georgia "fighting words" statute under which he was charged and convicted, Ga.Code § 26-2610(a), is unconstitutional both on its face and as applied to the petitioner. We hold that the statute is not invalid on its face, but reverse and remand for an evidentiary...

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