COLSON v. SMITH

No. 28943.

427 F.2d 143 (1970)

Cleveland COLSON, Petitioner-Appellee, v. Lamont SMITH, Warden, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 9, 1970.


Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen. of Georgia, Mathew Robins, Marion O. Gordon, Asst. Atty. Gen., Dorothy T. Beasley, Deputy Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Al G. Norman, Atlanta, Ga., for petitioner-appellee.

Before JOHN R. BROWN, Chief Judge, MORGAN and INGRAHAM, Circuit Judges.


PER CURIAM:

The District Court, in granting the petitioner-appellee's petition for writ of habeas corpus, found that he had made out a prima facie case, unrebutted by the State of discrimination in the composition of the indicting grand jury panel.

The district court did not make findings of fact and conclusions of law regarding the petitioner's claim of ineffective assistance of counsel and the concomitant issue...

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