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MARTIN v. SMITH.

FELTON, Justice.

Since the petition for the writ of habeas corpus complains for the first time that the charge on alibi in the criminal trial deprived petitioner of due process of law, the appeal from the denial of the petition cannot be sustained. Shoemake v. Whitlock, 226 Ga. 771 ( 177 S.E.2d 677).

Judgment affirmed. All the Justice concur.

SUBMITTED MAY 10, 1971 — DECIDED JUNE 2, 1971.
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MARTIN v. SMITH
(Jun 2, 1971)