MURPHY v. WAINWRIGHT

No. 24065.

372 F.2d 942 (1967)

Frank MURPHY, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

February 2, 1967.


Attorney(s) appearing for the Case

Frank Murphy, in pro. per.

Roger L. Edwards, Asst. Atty. Gen. of Florida, Tallahassee, Fla., Earl Faircloth, Atty. Gen., Stanley D. Kupiszewski, Jr., Asst. Atty. Gen., Tallahassee, Fla., for appellee.

Before TUTTLE, Chief Judge, and BELL and GOLDBERG, Circuit Judges.


GRIFFIN B. BELL, Circuit Judge:

Appellant's petition for writ of habeas corpus was denied on the merits by the District Court without a plenary hearing and without causing a show cause order to issue against the Respondent. Cf. 28 U.S.C.A. § 2243.

Appellant, represented by court appointed counsel, entered a plea of guilty in 1949 to a charge of second degree murder and was sentenced to life imprisonment. He alleges that he was only fourteen years of age...

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