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SMITH v. WAINWRIGHT

No. 77-1045.

568 F.2d 362 (1978)

Donald M. SMITH, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 21, 1978.

Attorney(s) appearing for the Case

Theorphilus J. Rose, John T. Chandler, Gainsville, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellee.

Before JONES, GODBOLD and GEE, Circuit Judges.

GEE, Circuit Judge:

This appeal from denial of the writ of habeas corpus requires us to determine the effect on a conviction, obtained in part by the admission of evidence about another similar crime, of a subsequent acquittal of the "other crime."

Appellant Smith was charged with breaking and entering a dormitory room with the intent of raping its occupant. In another criminal prosecution, Smith was charged with...

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