CAPITOLI v. WAINWRIGHT

Nos. 28785, 28818 Summary Calendar.

426 F.2d 868 (1970)

Rudolph Robert CAPITOLI, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee. Gerald Joseph CARUSIELLO, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 26, 1970.


Attorney(s) appearing for the Case

Rudolph Robert Capitoli, pro se.

Harvey S. Swickle, Miami Beach, Fla., Anna R. Levin, Chicago, Ill., for petitioner-appellant Gerald Carusiello.

Earl Faircloth, Atty. Gen., Charles W. Musgrove, Asst. Atty. Gen., of Florida, West Palm Beach, Fla., for respondent-appellee.

Before THORNBERRY, CLARK and INGRAHAM, Circuit Judges.


PER CURIAM:

These appeals are taken from a single order of the District Court denying the appellants' identical petitions for the writ of habeas corpus. The appellants were tried and convicted as codefendants for the offense of robbery in Broward County, Florida, on April 22, 1965. Each was sentenced to a seventy-five year term of imprisonment. Since the appeals from the denial of the appellants' petitions for the writ of habeas corpus involve the same questions of...

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