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ROBERTS v. STATE

No. 34509.

188 So.2d 302 (1966)

Elester S. ROBERTS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied March 25, 1966.

Attorney(s) appearing for the Case

Joseph G. Spicola, Jr., Tampa, for petitioner.

Earl Faircloth, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for respondent.

PER CURIAM.

By a petition for a writ of habeas corpus, Elester S. Roberts seeks release from the State prison. He has claimed that he was convicted of a felony on the basis of a judicial confession obtained at a preliminary hearing at which he was deprived of the assistance of counsel. Sardinia v. State, Fla., 168 So.2d 674. We issued the writ. The return conceded the necessity for an evidentiary hearing to determine the fact as...

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