James G. Mahorner, Tallahassee, Fla., for appellant.
George R. Georgieff, Asst. Atty. Gen., Tallahasee, Fla., for appellee.
Before POPE,1 TUTTLE and CLAYTON, Circuit Judges.
PER CURIAM:
¶1
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.
¶2
The Judgment is reversed. The case is remanded to the trial court for the purpose of conducting a hearing.
1
Of the Ninth Circuit, sitting by designation