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McNEAL v. CULVER

No. 52.

365 U.S. 109 (1961)

81 S.Ct. 413

5 L.Ed.2d 445

McNEAL v. CULVER, STATE PRISON CUSTODIAN.

Supreme Court of United States.

Decided January 23, 1961.

Attorney(s) appearing for the Case

Sam Daniels, acting under appointment by the Court, 362 U.S. 946, argued the cause and filed a brief for petitioner.

Odis M. Henderson, Assistant Attorney General of Florida, argued the cause for respondent. With him on the brief was Richard W. Ervin, Attorney General.

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

Upon an information charging "Assault to Murder in the First Degree," petitioner was put to trial, without counsel, before a jury in a Florida court, was convicted of "Assault to Murder in the Second Degree" and sentenced to imprisonment for a term of 20 years which he is now serving. No appeal was taken, but within a year from his conviction petitioner filed a petition...

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