182 S.E.2d 94
26482.Supreme Court of Georgia.SUBMITTED APRIL 13, 1971.
DECIDED MAY 6, 1971.
UNDERCOFLER, Justice.
Jimmy K. Bassett filed an application for the writ of habeas corpus against S. Lamont Smith, Warden of the Georgia State Prison. The application alleges that the instructions on alibi given by the trial court to the jury placed an illegal burden on him, were misleading and confusing to the jury, and denied him due process of law as guaranteed by the
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Fourteenth Amendment to the United States Constitution. After hearing evidence, the trial court remanded him to the custody of the respondent. He appeals to this court. Held:
This case is controlled by the ruling of this court in Shoemake v. Whitlock, 226 Ga. 771 (177 S.E.2d 677); Young v. State, 225 Ga. 255, 256 (167 S.E.2d 586); Chaffin v. State, 225 Ga. 602
(170 S.E.2d 426); Smith v. Smith, 226 Ga. 748
(177 S.E.2d 230); Thornton v. State, 226 Ga. 837 (3) (178 S.E.2d 193); Smith v. Hightower, 227 Ga. 144 (179 S.E.2d 242); Stynchcombe v. Clements, 227 Ga. 244 (179 S.E.2d 917); Hart v. Smith, 227 Ga. 357 (180 S.E.2d 735).
Judgment affirmed. All the Justices concur.
SUBMITTED APRIL 13, 1971 — DECIDED MAY 6, 1971.
Habeas corpus. Tattnall Superior Court. Before Judge Caswell.
Jimmy K. Bassett, pro se.
Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William R. Childers, Jr., Assistant Attorneys General, for appellee.