Legal Opinion

McAllister v. Brown

District Court, N.D. Georgia

Decided August 26, 1976No. Civ. A. No. C76-21APublished

1Opinion of the Court

STATEMENT OF THE CASE

HOOPER, Senior District Judge.

While there are other alleged errors relied upon by the petitioner for habeas corpus in this case, the primary and controlling question is whether or not the Georgia trial judge and the Supreme Court of Georgia unconstitutionally applied the provisions of Georgia Code § 38-302 to the facts of this case:

Said Georgia Code Section reads as follows:

When in a legal investigation, information, conversations, letters and replies, and similar evidence are facts to explain conduct and ascertain motives, they shall be admitted in evidence, not as…

2Cases cited31 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Jackson v. DennoSupreme Court of the United States · 1964
  3. Chambers v. MississippiSupreme Court of the United States · 1973
  4. Fay v. NoiaSupreme Court of the United States · 1963
  5. Roviaro v. United StatesSupreme Court of the United States · 1957

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