William C. Holman, Warden, Kilby Prison, Montgomery, Alabama v. Edward Lawhon

GEWIN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Middle District of Alabama discharging petitioner (appellee) from the custody of the State of Alabama on habeas corpus. In his habeas petition, appellee alleged that he was unlawfully imprisoned by the State of Alabama because his constitutional right to have compulsory process of witnesses in his favor and also the right to be afforded due process were violated by the Circuit Court of Geneva County, Alabama, during his trial on a charge of assault with intent to murder.

The allegation of…