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POWELL v. WAINWRIGHT

No. 26156.

403 F.2d 33 (1968)

Willie POWELL, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

November 13, 1968.

Attorney(s) appearing for the Case

Michael Meltsner, New York City, Tobias Simon, Miami, Fla., for appellant.

Earl Faircloth, Atty. Gen. of Florida, Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Fla., Robert R. Crittenden, Asst. Atty. Gen., Lakeland, Fla., for appellee.

Before DYER and SIMPSON, Circuit Judges, and CABOT, District Judge.

PER CURIAM:

The appellant, Willie Powell, in proceedings in no way attacked here, was convicted by a Florida court in 1949 of rape, and was sentenced to life imprisonment. He was paroled in April, 1966, by the Florida Probation and Parole Commission. While on parole he was indicted and tried for another alleged rape, occurring February 1, 1967. He was acquitted by the jury at a trial for this offense, concluded April 7, 1967.

A parole violator's warrant was...

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