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McCALL v. STATE

No. 4203.

162 So.2d 526 (1964)

James F. McCALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

April 3, 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 appealed order, denying application for relief under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, was predicated on insufficiency of allegation in the motion for relief and must be affirmed. See Dias v. State, Fla.App. 1963, 158 So.2d 766. Since the disposition of the motion in the lower court did not reach the merits of appellant's claim, the order and our affirmance...

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