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SHAVER v. ELLIS

No. 17142.

255 F.2d 509 (1958)

Jimmy N. SHAVER, Appellant, v. O. B. ELLIS, Manager Texas Prison System, Appellee.

United States Court of Appeals Fifth Circuit.

May 29, 1958.

Attorney(s) appearing for the Case

Jarrard Secrest, Temple, Tex., for appellant.

David R. Thomas, Asst. Atty. Gen., Hubert W. Green, Jr., Crim. Dist. Atty., San Antonio, Tex., for appellee.

Before RIVES, CAMERON and BROWN, Circuit Judges.

PER CURIAM.

On the eve of execution under a sentence of death which was affirmed by the Court of Criminal Appeals of Texas, Shaver v. State, 306 S.W.2d 128, 129, certiorari denied 355 U.S. 864, 78 S.Ct. 98, 2 L.Ed.2d 70, Petitioner sought habeas corpus on the ground that another had confessed1 to the crime. The petition for habeas corpus, presented after denial of habeas corpus by the State Courts, all...

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