GABLE v. MASSEY

No. 76-4191.

566 F.2d 459 (1978)

James GABLE, Petitioner-Appellant, v. Raymond D. MASSEY, Superintendent, Union Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 16, 1978.


Attorney(s) appearing for the Case

Franklyn Louderback, St. Petersburg, Fla. (Court-appointed), for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Charles Corces, Jr., Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before THORNBERRY, GODBOLD and FAY, Circuit Judges.


FAY, Circuit Judge:

Petitioner, James Gable, has appealed the district court's denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. He raises the following two points on appeal: (1) whether the charge that he "did handle, fondle or make an assault upon one Ollie Mae Foreman, a female under the age of 14 years, in a lewd, lascivious or indecent manner" under Florida Statute § 800.04 is unconstitutionally vague and overbroad...

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