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WADE v. STATE

No. 5884.

175 So.2d 572 (1965)

Horace WADE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 9, 1965.

Attorney(s) appearing for the Case

Joseph X. DuMond, Jr., Asst. Public Defender, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

Horace Wade appeals an order denying his petition for post-conviction relief pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. The sole question presented is whether or not the court erred in denying the petition without a plenary hearing when the petitioner alleged, inter alia, that he:

"* * * was not identified in the line up by any of the witness. [sic] and was denided [sic] to obtain witnesses in behalf of the petitioner...

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