FRAZIER v. ELLIS

No. 13892.

196 F.2d 231 (1952)

FRAZIER v. ELLIS.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 27, 1952.


Attorney(s) appearing for the Case

Oscar Owen Frazier, in pro. per.

Willis E. Gresham, Austin, Tex., for appellee.

Before HOLMES, RUSSELL and RIVES, Circuit Judges.


RUSSELL, Circuit Judge.

In this proceeding Oscar Owen Frazier sought release from detention by virtue of State process. The trial Court declined either to issue a writ of habeas corpus or an order to show cause. An appeal was allowed in forma pauperis, but the judge refused to issue a certificate of probable cause. The record has been filed here and upon our consideration of it and the briefs we issue such a certificate and consider the appeal.

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