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SPENCER v. WAINWRIGHT

No. 24910.

403 F.2d 778 (1968)

Emmitt Monroe SPENCER, Appellant, v. L. L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

November 22, 1968.

Attorney(s) appearing for the Case

Albert Datz, Jacksonville, Fla., for appellant.

George R. Georgieff, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, CLAYTON, Circuit Judge, and CHOATE, District Judge.

JOHN R. BROWN, Chief Judge:

Appellant Spencer seeks review of an order of the Federal District Court denying his petition for habeas corpus. In 1960 Spencer was convicted in a Florida State Court of first degree murder and sentenced to die in the electric chair. The Supreme Court of Florida affirmed his conviction. Spencer v. State, Fla., 1961, 133 So.2d 729. Appellant raises a massive assault founded on his claim that he was denied...

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