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HAMRICK v. WAINWRIGHT

No. 72-1303.

465 F.2d 940 (1972)

Roger Edward HAMRICK, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 30, 1972.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, 11th Judicial Cir. of Fla., Lewis S. Kimler, Asst. Public Defender, Miami, Fla. for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Roger Hamrick was convicted of four counts of armed robbery in a Florida state court. At the trial three employees testified that Hamrick was one of the men who robbed the Flagler Finance Company. On this habeas appeal Hamrick contends1 that the in-court identification by one of these witnesses should have been excluded from evidence because the witness had previously...

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