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MAYO v. BLACKBURN

No. 16681.

250 F.2d 645 (1957)

Nathan MAYO, as Custodian of the State Prison, State of Florida, Appellant, v. Harlan BLACKBURN, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 29, 1958.

Attorney(s) appearing for the Case

George E. Owen, Asst. Atty. Gen., Moie J. L. Tendrich, Sp. Asst. Atty. Gen., Richard W. Ervin, Atty. Gen., for appellant.

Pat Whitaker, Mark R. Hawes, Tom Whitaker, Tampa, Fla., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a final judgment in a habeas corpus proceeding releasing and discharging from custody a State prisoner. Upon the record of the trial in the state court, and without taking any other testimony, the district court found:

"that in the denial of his motion to quash the information, in the denial of his motion for change of venue, and in the denial of his motion for severance by the Criminal (Court) of record for Polk...

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