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BIRT v. MONTGOMERY

Civ. A. No. 681-24.

531 F.Supp. 815 (1982)

Billy Sunday BIRT, Petitioner, v. Charles MONTGOMERY, Warden, Respondent.

United States District Court, S. D. Georgia, Augusta Division.

February 16, 1982.

Attorney(s) appearing for the Case

John Charles Boger, New York City, Eric G. Kocher, Gainesville, Ga., for petitioner.

Harrison Kohler, Asst. Atty. Gen., Atlanta, Ga., for respondent.

ORDER

BOWEN, District Judge.

On December 23, 1973 Mr. and Mrs. Reid Oliver Fleming, Sr., two elderly citizens of Wrens, Georgia, were found strangled to death in the bedroom of their rural home. After investigation, Billy Sunday Birt, the petitioner, was indicted by a Jefferson County grand jury for the following offenses relating to the death of the Flemings: burglary, two counts of armed robbery and two counts of murder. Petitioner was convicted of these...

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