Opinion
No. 72-1990. Summary Calendar.
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.
August 15, 1972. Rehearing Denied September 7, 1972.
Shalle Stephen Fine, Miami, Fla., for petitioner-appellant.
Robert L. Shevin, Atty. Gen., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.
This appeal is taken from the district court's order of dismissal of Giamo's petition for habeas corpus attacking a five year sentence imposed by the Florida courts after a jury verdict of guilty for the crime of bribery. The opinion-order of the trial court is reported as Giamo v. Purdy, S.D.Fla. 1972, 346 F. Supp. 1.
The petitioner-appellant has failed to demonstrate error in the trial court's disposition of the two grounds of attack upon the state court conviction: (1) the introduction of proof of similar acts to the crime charged, prior and subsequent to the date of the crime charged, resulting in his not being convicted of a specific crime and thereby deprived of due process of law; and (2) comments by the state prosecutor in his closing argument to the jury alleged to be so prejudicial as to deprive the petitioner of a fair trial.
The judgment appealed from is
Affirmed.