Leroy Colbroth v. Louie l.wainwright

466 F.2d 1193, 1972 U.S. App. LEXIS 7424

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 25, 1972
• Docket: 72-2064
• Status: Published

Opinion

PER CURIAM:

The appellant Colbroth, a state prisoner who was found guilty of armed robbery in a Florida court, appeals from an order of the United States District Court denying his petition for a writ of habeas corpus. Colbroth maintains that his conviction is constitutionally infirm because the evidence adduced at trial identifying him as the perpetrator of the crime was insufficient. We affirm.

We are in essential agreement with the following conclusion of the trial court:

“Matters concerning the sufficiency of evidence and admissibility of evidence are not to be considered in Federal Habeas Corpus proceeding un less the record indicates petitioner was denied due process of law, Such is not the ease here. Pleas v. Wainwright, 441 F.2d 56 (5th Cir. 1971); Alligood v. Wainwright, 440 F.2d 642 (5th Cir. 1971).”

See also Young v. Alabama, 443 F.2d 854, 855 (5th Cir. 1971); Summerville v. Cook, 438 F.2d 1196, 1197 (5th Cir. 1971); Williams v. Wainwright, 427 F.2d 921, 923 (5th Cir. 1970).

Affirmed.