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SMITH v. WAINWRIGHT

No. 24110.

373 F.2d 506 (1967)

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

United States Court of Appeals Fifth Circuit.

February 21, 1967.

Attorney(s) appearing for the Case

Frank Smith, pro se.

George R. Georgieff, Asst. Atty. Gen., Earl Faircloth, Atty. Gen., Tallahassee, Fla., for appellee.

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

GOLDBERG, Circuit Judge:

The appellant, John Frank Smith, pleaded guilty to first degree murder in the Circuit Court of Jackson County, Florida, and was sentenced to life imprisonment on December 17, 1956. He did not appeal directly, but filed a motion under Florida Criminal Procedure Rule 1, F.S.A. ch. 924 Appendix, which was denied by the Circuit Court. The record contains a letter to Smith from the Florida Supreme Court noting denial of a petition for habeas corpus...

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