Jerry L. Johnson v. R. C. Wright, Warden

LEWIS R. MORGAN, Circuit Judge:

Appellant was convicted in Superior Court of Fulton County, Georgia, of armed robbery and of carrying a concealed and unlicensed pistol. He appeals the district court’s denial of his petition for habeas corpus on two grounds:(1) his warrantless arrest was not based on probable cause and violated his rights under the Fourth Amendment;(2) the trial judge’s charge to the jury on the weapons count violated his right to due process. For reasons explained below, we hold that his second contention is correct, and we therefore reverse the judgment of the district court.

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