LOPER v. ELLIS

No. 15299.

224 F.2d 901 (1955)

Otis LOPER, Appellant, v. O. B. ELLIS, General Manager, Texas Prison System, Appellee.

United States Court of Appeals Fifth Circuit.

August 2, 1955.


Attorney(s) appearing for the Case

Otis Loper, pro se.

Willis E. Gresham, Asst. Atty. Gen., for appellee.

Before HOLMES and RIVES, Circuit Judges, and THOMAS, District Judge.


THOMAS, District Judge.

Appellant, charged with the rape of his stepdaughter, was convicted November 17, 1947, in the District Court of Harris County, Texas, and given a sentence of fifty years. He did not appeal from the judgment of conviction. Later, he sought relief with a petition for writ of habeas corpus in the District Court of Houston County, Texas. Upon a hearing, the judge of that court remanded petitioner to the custody of the prison authorities...

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