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.


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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