Jessie L. Brooks v. S. Lamont Smith, Warden, Georgia State Prison

This appeal is taken from an order of the district court denying the petition of a Georgia state convict for the writ of habeas corpus. We affirm in part and vacate and remand in part. 1

Appellant is presently serving an eight-year sentence for rape, having been convicted upon trial by jury. No appeal was taken. Appellant’s petition for habeas corpus relief was denied by the trial court after an evidentiary hearing.

In his petition for federal habeas corpus relief appellant asserted as grounds for relief (1) illegal arrest; (2) that he was illegally placed in a lineup and was not there…