Gaither v. Cannida

Marshall, Chief Justice.

This is an appeal by the warden from the grant of habeas corpus to prisoner James Cannida.

James Cannida and others drove from Savannah to Vidalia, drinking and smoking marijuana along the way. They took with them a handgun, a sawed-off shotgun, and ski masks. Carrying the firearms and wearing the masks, Cannida and Horace Glasper entered a liquor store. Glasper announced a hold-up. The store clerk pulled his pistol and killed Glasper. Cannida shot at the clerk with his shotgun, but missed. During trial, Cannida testified that he had gone into the store with the…