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U.S. Court of Appeals for the Fifth Circuit, 1972

Charles Wiggins v. S. Lamont Smith, Warden, Georgia State Prison

Charles Wiggins v. S. Lamont Smith, Warden, Georgia State Prison
U.S. Court of Appeals for the Fifth Circuit · Decided October 4, 1972 · Thornberry, Coleman, Ingraham
462 F.2d 1373 (Federal Reporter, Second Series)

Charles Wiggins v. S. Lamont Smith, Warden, Georgia State Prison

Opinion

On Rehearing

PER CURIAM:

Pursuant to a confession of error made by respondent-appellee, 1 the order of the district court is vacated in its entirety and the cause is remanded to the district court for reconsideration of all of appellant’s contentions in light of the confession of error.

Vacated and remanded.

1

. “The writ of habeas corpus should issue as to the three life sentences presently being served by Petitioner-Appellant Charles Wiggins, since the sentences rest upon an adjudication by a State superior court without jurisdiction over the subject matter.” Brief of respondent-appellee at page 6.

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