Hart v. Smith, 26341
| Decision Date | 04 March 1971 |
| Docket Number | No. 26341,26341 |
| Citation | 227 Ga. 357,180 S.E.2d 735 |
| Parties | James Clyde HART v. S. Lamont SMITH. |
| Court | Georgia Supreme Court |
Syllabus Opinion by the Court
James Clyde Hart filed an application for the writ of habeas corpus against S. Lamont Smith, Warden of the Georgia State Prison. The application alleges that the instructions on alibi given by the trial court to the jury placed an illegal burden on him, were misleading and confusing to the jury, and denied him due process of law as guaranteed by the Fourteenth Amendment to the United States Constitution. After hearing evidence, the trial court remanded him to the custody of the respondent. He appeals to this court. Held:
This case is controlled by the rulings of this court in Shoemake v. Whitlock, 226 Ga. 771, 177 S.E.2d 677; Young v. State, 225 Ga. 255, 256, 167 S.E.2d 586; Chaffin v. State, 225 Ga. 602, 170 S.E.2d 426; Smith v. Smith, 226 Ga. 748, 177 S.E.2d 230; Thornton v. State, 226 Ga. 837(3), 178 S.E.2d 193; Smith v. Hightower, 227 Ga. 144, 179 S.E.2d 242; Stynch Combe v. Clements, 227 Ga. 244, 179 S.E.2d 917.
Judgment affirmed.
All the Justices concur, except FELTON, J., who concurs specially.
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Bassett v. Smith, 26482
...178 S.E.2d 193; Smith v. Hightower, 227 Ga. 144, 179 S.E.2d 242; Stynchcombe v. Clements, 227 Ga. 244, 179 S.E.2d 917; Hart v. Smith, 227 Ga. 357, 180 S.E.2d 735. Judgment All the Justices concur. ...
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Johnson v. Wishard, 26327
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