Legal Opinion

Johnny C. Wilson v. Millard Gooding, Warden, Richmond County Public Works Camp, Richmond County, Georgia

Court of Appeals for the Fifth Circuit

Decided August 19, 1970No. 28274PublishedCited by 21 opinions

1Opinion of the Court

INGRAHAM, Circuit Judge:

Petitioner-Appellee Wilson was indicted and convicted in Superior Court of Fulton County, Georgia, on two counts of assault and battery, and two counts of using opprobrious and abusive language, 1 the latter in violation of Georgia Code § 26-6303. 2 Appellee filed a petition for a writ of habeas corpus in the federal district court, pursuant to 28 U.S.C. § 2254. Among other claims, he alleged that § 26-6303 was unconstitutional on its face under the First and Fourteenth Amendments because of its vagueness and overbreadth. The district court, in an order dated March 4,…

2Cases cited19 opinions

  1. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  2. Flemming v. NestorSupreme Court of the United States · 1960
  3. Allen v. State Board of ElectionsSupreme Court of the United States · 1968
  4. Swift & Co. v. WickhamSupreme Court of the United States · 1965
  5. Phillips v. United StatesSupreme Court of the United States · 1941

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3Cited by21 opinions

  1. Gooding v. WilsonSupreme Court of the United States · 1972
  2. State v. ReadSupreme Court of Vermont · 1996
  3. United States v. TexasDistrict Court, E.D. Texas · 1981
  4. City of New Orleans v. LewisSupreme Court of Louisiana · 1972
  5. Mississippi Chemical Corp. v. Chemical Construction Corp.District Court, S.D. Mississippi · 1977

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