Whippler v. Caldwell

Jordan, Justice.

Ernest Whippier appeals an order of Tattnall Superior Court dated April 15, 1973, denying his application for a writ of habeas corpus and remanding him to the custody of the respondent. Held:

1. We affirm. The appellant was convicted of murder by a jury in Bibb Superior Court on December 7, 1960. This sentence was later vacated by the United States Court of Appeals for the Fifth Circuit in 1968 because of improper method for selection of jurors. Whippier v. Dutton, 391 F2d 425 (5th Cir. 1968). On November 8, 1968, appellant plead guilty to a new indictment for the same murder…