Nature of the Case
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Facts
Petitioner (Murphy) was convicted of breaking and entering a home, armed with the intent to commit robbery and assault with the intent to commit robbery. The pretrial publicity of 'Murph the Surf” was extensive. Before trial on the charges above the petitioner was indicted on two counts of murder and convicted of one and plead guilty to a count of conspiring to transport stolen securities in interstate commerce. The pretrial publicity from the murder and interstate charges was very extensive and extended into Dade County. During jury selection for the burglary incident, petitioner made motions to dismiss the chosen jurors and move for a change in venue because the jurors were aware of his extensive criminal background both recent and for a theft made even 6 years before. That motion was denied. Petitioner did not present a defense in protest of the jury selected and was convicted. The Supreme Court granted review.
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