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FISHER v. STYNCHCOMBE

Civ. A. No. 15790.

336 F.Supp. 1308 (1972)

Robert Willie FISHER, Petitioner, v. Leroy STYNCHCOMBE, Sheriff of Fulton County, Respondent.

United States District Court, N. D. Georgia, Atlanta Division.

January 21, 1972.

Attorney(s) appearing for the Case

Glenn Zell, Atlanta, Ga., for petitioner.

Lewis R. Slaton, Joel M. Feldman, Carter Goode, Creighton W. Sossoman, Atlanta, Ga., for respondent.

STATEMENT OF THE CASE

HOOPER, Senior District Judge.

The above petitioner having been convicted of the crime of murder in the Superior Court of Fulton County, Georgia, and his conviction having been affirmed by the Georgia Supreme Court,1 alleges that the following charge of the trial judge constituted error:

"When the State's evidence shows the commission of a homicide by the accused, by the use of a deadly weapon,...

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