Cole v. Wainwright (397 F.2d 810, 1968)

United States Court of Appeals for the Fifth Circuit 1968-07-22

Citations

Full opinion text

PER CURIAM:

The allegations of the petitioner are of such a nature as to require a hearing under 28 U.S.C.A. § 2243. It could not appear from the application and the file supplied by the state “ that the applicant * * * [was] not entitled” to the writ.

The Judgment is reversed. The case is remanded to the trial court for the purpose of conducting a hearing.