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SHEPARD v. WAINWRIGHT

No. 28859 Summary Calendar.

424 F.2d 535 (1970)

Readus R. SHEPARD, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied May 27, 1970.

Attorney(s) appearing for the Case

Readus R. Shepard, pro se.

Earl Faircloth, Atty. Gen., State of Florida, Tallahassee, Fla., Morton J. Hanlon, Asst. Atty. Gen., Lakeland, Fla., for appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied May 27, 1970.

PER CURIAM:

This appeal is taken from an order of the district court denying without a hearing the petition of a Florida convict for the writ of habeas corpus. We reverse in part and remand in part.1

Appellant is presently serving a five year sentence after having been convicted by a jury of uttering a forged instrument. On direct appeal, the conviction was affirmed...

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