Simmons v. State

HOBSON, Judge.

Appellant Charles Simmons was convicted by a jury and sentenced to seven years imprisonment for harboring an escaped prisoner on January 17, 1971. On February IS, 1974, Simmons filed a motion to vacate and set aside the judgment and sentence on the ground that the conviction of Frank Odell Murphy, the prisoner he allegedly harbored, had subsequently been reversed by the United States District Court, Middle District of Florida. Simmons appeals the order denying the motion without an evidentiary hearing.

We find that oral argument would serve no useful purpose and it is therefore…