Robert Gilbert May v. State of Georgla

GODBOLD, Circuit Judge:

Pursuant to Rule 18 of the Rules of the Court, this case, a pro se appeal from the denial of mandamus in the district court, has been placed on the summary calendar for disposition without oral argument. 1 2 Because of the decision by the Supreme Court of Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607 (1969) the opinion of this court, rendered January 23,1969, is withdrawn and this opinion substituted therefor.

Appellant is serving a twenty year sentence in the Florida penitentiary.* He was indicted by the state of Georgia on February 26, 1965 on three counts…