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ARMSTRONG v. STATE

No. 4591.

165 So.2d 233 (1964)

Thomas James ARMSTRONG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

June 12, 1964.

Attorney(s) appearing for the Case

Walter R. Talley, Public Defender, Bradenton, for appellant.

James W. Kynes, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

The appellant, Thomas James Armstrong, appeals from a summary denial of his motion for post conviction relief filed under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix.

The sole question is whether the allegations in the defendant's handwritten motion were sufficient to sustain relief under Criminal Procedure Rule No. 1, the petitioner having stated the following:

"Based on Criminal Procedure Rule # 1, Jan. Term, A.D., 1963, Supreme...

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