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HENLEY v. MOORE

No. 15236.

218 F.2d 589 (1955)

John HENLEY v. H. E. MOORE, Warden, The Texas State Penitentiary, Huntsville, Texas.

United States Court of Appeals, Fifth Circuit.

January 18, 1955.

Attorney(s) appearing for the Case

John Henley, in pro. per.

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

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and DAWKINS, District Judge.

PER CURIAM.

The District Court declined either to award the writ of habeas corpus or to enter a show cause order, and the Judge refused to issue the certificate of probable cause under 28 U.S.C.A. § 2253. For the reasons hereinafter stated, the Judges of this Court issue such a certificate of probable cause, and the Court proceeds to consider the appeal.

Petitioner was convicted of robbery in Criminal District Court No. 2, Harris County, Texas, and his...

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