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WINGATE v. WAINWRIGHT

No. 71-2898.

464 F.2d 209 (1972)

Donald M. WINGATE, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Department of Health and Rehabilitative Services, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 25, 1972.

Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, Bennett H. Brummer, 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, GEWIN and THORNBERRY, Circuit Judges.

GEWIN, Circuit Judge:

Donald Wingate appeals from the judgment of the district court dismissing his petition for a writ of habeas corpus in connection with his Florida state conviction for robbery. After careful examination of the record we conclude that harmful constitutional error was committed in the course of the state court trial. We therefore reverse the judgment of the district court and remand with instructions.

Wingate was tried before a jury in the...

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