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CHARLES v. WAINWRIGHT

No. 72-1613.

478 F.2d 754 (1973)

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

United States Court of Appeals, Fifth Circuit.

May 29, 1973.

Attorney(s) appearing for the Case

William J. Terry, Tampa, Fla. (court appointed), for petitioner-appellant.

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

Before JOHN R. BROWN, Chief Judge, and TUTTLE and INGRAHAM, Circuit Judges.

PER CURIAM:

In this habeas proceeding Appellant-Charles alleges that his conviction for breaking and entering of "The Little Brown Jug" in Brandenton, Florida, and the resultant 15-year confinement are illegal because (i) the Court improperly instructed the jury on the inference that may be drawn from possession of recently stolen property, (ii) notwithstanding the fact that the charge on the presumption to be drawn from possession might have been correct, Appellant...

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