McDONALD v. WAINWRIGHT

No. 72-1977 Summary Calendar.

466 F.2d 1136 (1972)

Robert Winston McDONALD, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 11, 1972.


Attorney(s) appearing for the Case

Robert Winston McDonald, pro se.

Robert L. Shevin, Atty. Gen., P. A. Pacyna, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


PER CURIAM:

Robert McDonald, a Florida state prisoner,1 appeals the district court's denial of his petition for habeas corpus relief. We affirm in part, and vacate and remand in part.

In the proceedings below the appellant contended that his conviction for robbery is invalid because: (1) he was denied a trial comporting with standards of fundamental fairness due to the total lack of evidence to support his conviction; (2) he was...

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