Jack Henry Smith v. S. Lamont Smith, Warden, Georgia State Prison

THORNBERRY, Circuit Judge:

This is an appeal from the district court’s determination on petition for habeas corpus that the Georgia alibi charge violates due process standards, 321 F.Supp. 482.

On March 12, 1969, petitioner was convicted by a jury of two counts of burglary. During the trial, petitioner asserted the impossibility of his guilt based on alibi. Petitioner, along with three other witnesses, testified that he was in Dallas, Texas at the same time the crime was committed in Atlanta, Georgia. In rebuttal, the State introduced into evidence prior inconsistent statements by both…