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MAGGARD v. WAINWRIGHT

No. 29943 Summary Calendar.

432 F.2d 941 (1970)

John Patrick MAGGARD, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 7, 1971.

Attorney(s) appearing for the Case

John P. Maggard, pro se.

Earl Faircloth, Atty. Gen., Tallahassee, Fla., Charles W. Musgrove, West Palm Beach, Fla., for appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

John Patrick Maggard, a Florida state prisoner, appeals from the District Court's denial of his petition for a writ of habeas corpus. We affirm.

The sole issue presented upon this appeal is whether the appellant was denied a fair and impartial trial because his trial court twice directed the prosecution to reopen its case, subsequent to defense motions for a directed verdict.1

It is well established that a trial...

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