Dutton v. Knight

Nichols, Justice.

This is the second appearance of a habeas corpus petition in this court involving the sentence of Herman Ludson Knight on January 22, 1959. On the first appearance (Knight v. Balkcom, 219 Ga. 589 (134 SE2d 801)), the remand of the prisoner to custody was affirmed. Thereafter, he filed a petition for habeas corpus in the U. S. District Court for the Southern District of Georgia and again he was remanded to custody. However, on appeal the U. S. Court of Appeals for the Fifth Circuit reversed and ordered the prisoner’s release subject to retrial. The District Court then rendered…