HALL v. WAINWRIGHT

No. 73-2208.

493 F.2d 37 (1974)

Jimmy HALL, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 1974.


Attorney(s) appearing for the Case

Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Rudy Hernandez, Jacksonville, Fla. (Court-appointed), for petitioner-appellee.

Before BROWN, Chief Judge, and GODBOLD and SIMPSON, Circuit Judges.


SIMPSON, Circuit Judge:

Jimmy Hall was charged in a Florida court with four counts of robbery arising from a hold-up of an A & P grocery store. Trial by jury resulted in a verdict of guilty of the lesser included offense of grand larceny as to two of the counts and acquittal as to the other two. The guilty verdicts were for the theft of money in possession (a) of the store manager, John Schwartz, and (b) of a customer, Mrs. Anthony Sotelo, present in the store...

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