JOHNSON v. ESTELLE

No. 82-2033.

704 F.2d 232 (1983)

William JOHNSON, Jr., Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 18, 1983.


Attorney(s) appearing for the Case

Kenneth Schubb, University of Texas School of Law, Austin, Tex., for petitioner-appellant.

Barbara J. Williams, Iris J. Jones, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, GEE and JOLLY, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 18, 1983.

GEE, Circuit Judge:

William Johnson, Jr. was convicted of murder with malice aforethought in a Texas state court on January 24, 1973, and sentenced to life imprisonment. On appeal from the federal district court's denial of habeas corpus relief, 28 U.S.C. § 2254 (1976), Johnson contends that (1) there was a fatal variance between the indictment and proof adduced at trial, (2) the introduction of stipulated...

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