U.S. Court of Appeals for the Fifth Circuit, 1972

Tony Giamo v. E. Wilson Purdy, as Sheriff of Dade County, Florida

Tony Giamo v. E. Wilson Purdy, as Sheriff of Dade County, Florida
U.S. Court of Appeals for the Fifth Circuit · Decided September 7, 1972 · Gewin, Ainsworth, Simpson
465 F.2d 994 (Federal Reporter, Second Series)

Tony Giamo v. E. Wilson Purdy, as Sheriff of Dade County, Florida

Opinion

PER CURIAM:

This appeal is taken from the district court’s order of dismissal of Giamo’s petition for habeas corpus attacking a five year sentence imposed by the Florida courts after a jury verdict of guilty for the crime of bribery. The opinion-order of the trial court is reported as Giamo v. Purdy, S.D.Fla.1972, 346 F.Supp. 1.

The petitioner-appellant has failed to demonstrate error in the trial court’s disposition of the two grounds of attack upon the state court conviction: (1) the introduction of proof of similar acts to the crime charged, prior and subsequent to the date of the crime charged, resulting in his not being convicted of a specific crime and thereby deprived of due process of law; and (2) comments by the state prosecutor in his closing argument to the jury alleged to be so prejudicial as to deprive the petitioner of a fair trial.

The judgment appealed from is

Affirmed.

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