475 F2d 1141 Jones v. State of Georgia

475 F.2d 1141

Larry JONES, Petitioner-Appellant,
v.
STATE OF GEORGIA et al., Respondents-Appellees.

No. 72-3659 Summary Calendar.*

United States Court of Appeals,
Fifth Circuit.

April 27, 1973.

James C. Bonner, Decatur, Ga., (Court-appointed), for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Courtney Wilder Stanton, David L. G. King, Jr., Asst. Attys. Gen., Atlanta, Ga., for respondents-appellees.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.

PER CURIAM:

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1

Court-appointed counsel for appellant, a Georgia state prisoner habeas applicant, has asserted one principal error on this appeal. In addition, deeming it to be his duty in a habeas case, he has conscientiously catalogued other possible errors for the consideration of the court.

2

The principal assignment of error, that the state trial court erred in the charge to the jury on voluntary manslaughter (called a due process violation), is, in the context of the total charge, without merit. The additional assignments of error are also without merit.1

3

Affirmed.

*

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409

1

The additional assignments of error are the following:

1

Appellant's conviction for voluntary manslaughter on an indictment charging murder was a violation of due process

2

Appellant was denied effective assistance of counsel at trial

3

Appellant was arrested in violation of the Fourth Amendment

4

Appellant's conviction was obtained by the use of an involuntary confession

5

Appellant was denied assistance of counsel at the commitment hearing

6

Appellant was denied the right to present witnesses in his behalf because his trial counsel did not call certain witnesses who attended trial under subpoena

7

Appellant's conviction was obtained by the use of improperly suggestive identification procedures