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DRAKE v. FRANCIS

No. 83-8047.

727 F.2d 990 (1984)

Henry Arthur DRAKE, Petitioner-Appellant, v. Robert O. FRANCIS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

Opinion on Granting of Rehearing April 5, 1984.

Attorney(s) appearing for the Case

Mary J. Wilkes, Atlanta, Ga., for petitioner-appellant.

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before JOHNSON and HENDERSON, Circuit Judges, and ALLGOOD, District Judge.

ALBERT J. HENDERSON, Circuit Judge:

Henry Arthur Drake and William Campbell were convicted at separate trials in the Superior Court of Madison County, Georgia of the murder and armed robbery of C.E. Eberhart.

At approximately 9:00 p.m. on the evening of December 5, 1975, Eberhart, a local barber, was discovered lying comatose in a pool of blood on the floor of his Colbert, Georgia barber shop. Although he was rushed to the hospital, Eberhart never regained...

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