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CHARLTON v. WAINWRIGHT

No. 78-1219 Summary Calendar.

588 F.2d 162 (1979)

Karle CHARLTON, Petitioner-Appellant, v. Louis L. WAINWRIGHT, Director, Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 18, 1979.

Attorney(s) appearing for the Case

Bruce S. Rogow, Miami, Fla., for petitioner-appellant.

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

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

This is an appeal from the district court's denial of habeas corpus relief to petitioner Karle Charlton, a prisoner of the State of Florida. Charlton claims that he was convicted of attempted manslaughter by culpable negligence, a crime that did not exist; or, alternatively, that the jury was asked to choose between a legally valid and invalid theory for conviction, and may have chosen the latter.1 Finding no error in the denial...

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