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YOUNG v. WAINWRIGHT

Civ. No. 69-1456.

320 F.Supp. 80 (1970)

Robert Elwood YOUNG, Petitioner, v. Louie L. WAINWRIGHT, etc., Respondent.

United States District Court, S. D. Florida, Miami Division.

Order Denying Motion for New Trial May 20, 1970.

Attorney(s) appearing for the Case

Jack J. Taffer, Miami, Fla., for petitioner.

James M. Adams, Asst. Atty. Gen., West Palm Beach, Fla., for respondent.

JUDGMENT

EATON, District Judge.

This is a habeas corpus proceeding instituted by a state prisoner under 28 U.S.C. § 2254. Counsel for the parties agree that there is no factual dispute.

In State v. Young, 217 So.2d 567 (Fla. 1968), the Supreme Court of Florida recited the facts as follows:

"The defendant, respondent here, was informed against and tried on a charge of breaking and entering with intent...

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