Joseph Bonaparte v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga.

The opinion rendered by this Court on July 22, 1971, in the above-styled and numbered cause is hereby withdrawn, and the following opinion is substituted in lieu thereof.

This is an appeal from the district court’s denial of habeas corpus relief to a prisoner of the State of Georgia. The district court, without an evidentiary hearing, denied the petition on the ground that the appellant intentionally bypassed his state remedy of appeal to the Georgia Supreme Court from the state trial court’s denial of habeas relief. We conclude that the district court erred in finding intentional bypass…