MURRAY v. STATE

No. 63-711.

162 So.2d 313 (1964)

Moses K. MURRAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

March 31, 1964.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and W. Eugene Neill, Asst. Public Defender, for appellant.

James W. Kynes, Jr., Atty. Gen., and Leonard R. Mellon, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and CARROLL and HENDRY, JJ.


HENDRY, Judge.

Appellant, Moses K. Murray, appeals from an order denying relief prayed for under Criminal Rule No. 1, F.S.A. ch. 924 Appendix.

The "petition" was heard and ruled upon by a judge of the Criminal Court of Record who had not presided at the trial of the accused, but was the successor to the late Judge Ben Willard, the trial judge. Appellant was not present at the hearing, but the Public Defender was present and made an argument in support of appellant...

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