Florida District Courts of Appeal, 1967

Marvel v. State

Marvel v. State
Florida District Courts of Appeal · Decided January 5, 1967 · Johnson, Rawls, Sack
193 So. 2d 487 (Southern Reporter, Second Series)

Marvel v. State

Opinion of the Court

PETITION FOR WRIT OF HABEAS CORPUS

PER CURIAM.

Wayne G. Marvel’s petition for writ of habeas corpus alleges that his constitutional rights were abridged by the committing magistrate’s refusal to appoint counsel for him at the preliminary hearing. Since the writ is not available under the circumstances alleged, the same is denied.

However, we treat this petition as a motion for appointment of counsel, and transfer same to the Circuit Court in Volusia County for its consideration of said motion.

RAWLS, C. J., and JOHNSON and SACK, JJ., concur.

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