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ALLISON v. UNITED STATES

No. 12766.

178 F.2d 912 (1949)

ALLISON v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

December 28, 1949.

Attorney(s) appearing for the Case

Eugene M. Baynes, West Palm Beach, Fla., William S. Allison (in pro. se.), Atlanta, Ga., for appellant.

Fred Botts, Asst. U. S. Atty., Miami, Fla., J. Ellis Mundy, U. S. Atty., Harvey H. Tisinger, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before HOLMES, WALLER, and SIBLEY, Circuit Judges.

WALLER, Circuit Judge.

The Petitioner was convicted of breaking and entering the United States Post Office at Fort Ogden, Florida. The trial Court imposed the maximum sentence of five years,1 but ordered sentence suspended and placed the Petitioner on probation for five years.2 The sentence provided that the probationary period would not begin until defendant was released or had executed the sentence that he...

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