Francis J. Higgins v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

This appeal is taken from an order of the district court denying without an evidentiary hearing the petition of a Florida convict for the writ of habeas corpus. We affirm. 1

Appellant was convicted by a jury and is presently serving a life sentence for armed robbery. In his petition for the writ of habeas corpus filed in the court below, appellant asserted three grounds for relief:

One, a witness for the state testified that appellant at a pretrial line-up replied “No comment” when requested to repeat the words used by one of the perpetrators of the robbery in question. Appellant contends that…