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HICKS v. MAYO

No. 11739.

158 F.2d 88 (1946)

HICKS v. MAYO.

Circuit Court of Appeals, Fifth Circuit.

November 22, 1946.

Attorney(s) appearing for the Case

Arthur C. Hicks, of Raiford, Fla., for appellant, in pro. per.

J. Tom Watson, Atty. Gen. of Florida, and Reeves Bowen, Asst. Atty. Gen. of Florida, both of Tallahassee, Fla., for appellee.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

PER CURIAM.

This appeal is from "a final decision by a court of the United States in a proceeding in habeas corpus where the detention complained of is by virtue of process issued out of a state court". Under the provisions of Section 466, Title 28 U.S.C.A. a certificate of probable cause is a jurisdictional prerequisite to such an appeal.1 The appellant does not present such certificate, but, on the contrary, there appears in the record...

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