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MAYO v. WADE

No. 11715.

158 F.2d 614 (1946)

MAYO, State Prison Custodian, v. WADE.

Circuit Court of Appeals, Fifth Circuit.

November 22, 1946.

Attorney(s) appearing for the Case

J. Tom Watson, Atty. Gen., of Florida, and Reeves Bowen and Sumter Leitner, Assts. to Atty. Gen., of Florida, for appellant.

Eugene M. Baynes, of West Palm Beach, Fla., for appellee.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

Appellee was convicted in Palm Beach County, Florida, March 14, 1945, in the Criminal Court of Record, for the offense of breaking and entering, which was not a capital offense. On the next day he filed a petition in habeas corpus in the Circuit Court of the State of Florida having jurisdiction in Palm Beach County, alleging that he had been unable to employ counsel, and that the Criminal Court of Record denied his request for the Court to appoint...

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