173 F.2d 574 - Nottebaum v. Mayo — 173 F.2d 574

How this case has been cited

Cited by 4 later decisions — most recently December 1974

4 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *575Frank R. Nottebaum, in pro. per.

¶2Reeves Bowen, Asst. Atty. Gen. of Florida, for appellee.

¶3Before SIBLEY, McCORD, and WALLER, Circuit Judges.

¶4PER CURIAM.

¶5The petitioner for habeas corpus was represented in his trial in the State court by counsel. At the conclusion of all the evidence the plea of not guilty was withdrawn and one of nolo contendere substituted and sentence of three years imprisonment in the penitentiary imposed. The maximum for the offense was five years. The complaint is that there was no indictment, but only an accusation, and that several months detention in jail awaiting trial was not deducted from the sentence. The Florida law does not require indictment in such cases and the Fifth Amendment of the Federal Constitution on the point applies only to federal prosecutions. As to jail confinement before trial, we know of no law requiring its allowance, nor can it be told that the judge in sentencing did not consider it, the sentence being for less than the maximum.

¶6Judgment affirmed.