MASSEY v. MOORE

No. 14319.

205 F.2d 665 (1953)

MASSEY v. MOORE, Warden.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 10, 1953.


Attorney(s) appearing for the Case

O'Neal Massey, in pro. per.

Willis E. Gresham, Asst. Atty. Gen. of Texas, Price Daniel, Atty. Gen. of Texas, and J. Fred Jones, Asst. Atty. Gen., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.


HUTCHESON, Chief Judge.

The petitioner having suffered two previous convictions for other felonies, is serving a compulsory life sentence in the Texas State Penitentiary on a judgment of conviction for the offense of robbery by assault.

Convicted on March 11, 1941, he did not appeal. Beginning, however, in March, 1943, he has made persistent and repeated applications in many courts, both state and federal.1

When the present...

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