William H. "Bill" Cross v. Louis L. Wainwright, Director, Division of Corrections, State of Florida

328 F.2d 619

Opinions

PER CURIAM.

The appellant was indicted, tried and convicted in the courts of Florida, as a codefendant with Floyd L. Cullins. They were represented by the same counsel and asserted the same defenses. Both Cullins and the appellant Cross, after exhausting state remedies, sought relief from their convictions by habeas corpus. That relief was denied in both instances. Both Cullins and Cross appealed to this Court. In the Cullins case,¹ decided February 14, 1964, we reversed the order of the district court. There being no factual difference, the same result is reached here as in the Cullins case. Therefore, the order of the district court is reversed and the proceeding remanded for further action.

Reversed and remanded.

1 . Cullins v. Wainwright, 5 Cir., 328 F.2d 481.