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227 Ga. 314

Mathis v. Smith

Supreme Court of Georgia

Decided February 15, 1971

Supreme Court of Georgia · decided 1971-02-15

Relies on Shoemake v. Whitlock

Decided 1971-02-15

Grice, Justice.

¶1This appeal is from the denial of a petition for writ of habeas corpus wherein the sole complaint is that the charge given on alibi in the criminal trial deprived petitioner of due process of law by placing an unwarranted burden of proof upon him, depriving him of the presumption of innocence and misleading and confusing the jury. This complaint is made for the first time in the habeas corpus petition.

¶2There is no merit in this appeal. Shoemake v. Whitlock, 226 Ga. 771 (177 SE2d 677).

¶3Judgment affirmed.

All the Justices concur.
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