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McKINZIE v. ELLIS

No. 18551.

287 F.2d 549 (1961)

Chester McKINZIE, Appellant, v. O. B. ELLIS, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

February 23, 1961.

Attorney(s) appearing for the Case

Sam S. Minter, Houston, Tex., for appellant.

J. G. Davis, Huntsville, Tex., for appellee.

Before RIVES and WISDOM, Circuit Judges, and DAWKINS, Jr., District Judge.

RIVES, Circuit Judge.

On February 24, 1953, Chester McKinzie was indicted in Dallas County, Texas, for the crime of robbery by firearms, a capital felony.1 Two days later A. A. McDaniel was appointed by the Texas court to represent McKinzie. At that time, and at all times material to this case, McDaniel was not a member of the Bar of the State of Texas, having been dropped from the rolls for nonpayment of dues. The cause came on to be...

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