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COSBY v. JONES

No. 81-7562.

682 F.2d 1373 (1982)

Elijah "Tootie Pie" COSBY, Jr., Plaintiff-Appellant, v. Tom JONES, Warden of the Walker County Correctional Institute, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 16, 1982.

Attorney(s) appearing for the Case

Word, Cook & Word, Gerald P. Word, Carrollton, Ga., for plaintiff-appellant.

Michael J. Bowers, Atty. Gen., John C. Walden, Sr., Asst. Atty. Gen., Janice G. Hildenbrand, Asst. Atty. Gen., Atlanta, Ga., for defendant-appellee.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and HOFFMAN, District Judge.

GODBOLD, Chief Judge:

Cosby appeals from the denial of his petition for writ of habeas corpus. We reverse and remand with directions to grant relief.

I. Facts

Petitioner, Elijah "Tootie Pie" Cosby, is presently serving a 20-year sentence under a 1979 Georgia burglary conviction. He challenges this conviction on the ground that there was insufficient evidence to constitutionally support the conviction, under Jackson v. Virginia,

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