SUIT v. ELLIS

No. 18128.

282 F.2d 145 (1960)

Lowell Edward SUIT, Petitioner, v. O. B. ELLIS, Director of Texas Department of Corrections, Respondent.

United States Court of Appeals Fifth Circuit.

September 7, 1960.


Attorney(s) appearing for the Case

Richard C. Baldwin, New Orleans, La., Lowell Edward Suit, Huntsville, Tex., for petitioner.

John L. Estes, Asst. Atty. Gen., Tom I. McFarling, B. H. Timmins, Jr., Linward Shivers, Asst. Attys. Gen., for respondent.

Before RIVES, Chief Judge, and CAMERON and WISDOM, Circuit Judges.


CAMERON, Circuit Judge.

The sole question we shall discuss in this appeal is whether the Texas Court which tried the appellant did so in such manner as to deprive him of due process of law or its equal protection by failing to give due effect to Texas rules of criminal procedure. Petitioner makes no attack upon the statute1 of Texas which governs applications for continuance nor upon its application as reflected in the Texas decisions...

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