193 So. 2d 487
Fla. Dist. Ct. App.1967PETITION FOR WRIT OF HABEAS CORPUS
Wayne G. Marvel’s petition for writ of habeas corpus alleges that his constitutional rights were abridged by the committing magistrate’s refusal to appoint counsel for him at the preliminary hearing. Since the writ is not available under the circumstances alleged, the same is denied.
However, we treat this petition as a motion for appointment of counsel, and transfer same to the Circuit Court in Volusia County for its consideration of said motion.