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SMITH v. HEARD

Civ. A. No. 14162.

214 F.Supp. 909 (1962)

Joe Edward SMITH, Petitioner, v. Jack HEARD, Acting Director, Texas Department of Corrections, Huntsville, Texas, Respondent.

United States District Court S. D. Texas, Houston Division.

May 7, 1962.

Attorney(s) appearing for the Case

J. E. Winfree, Sr., Houston, Tex., for petitioner.

Frank Briscoe, Dist. Atty., Harris County, Tex., Samuel H. Robertson, Jr., and Lee P. Ward, Jr., Asst. Dist. Attys., Harris County, Tex., for respondent.

NOEL, District Judge.

On February 21, 1962, there was filed in this court on behalf of Joe Edward Smith, a petition for writ of habeas corpus. On February 23, 1962, an oral hearing was held in open court on this petition, following which it was dismissed, a notice of appeal was filed by the petitioner, and a stay of execution granted under Section 2251, Title 28 U.S.C.A. Leave to prosecute appeal to the United States Court of Appeals for the Fifth Circuit under Section...

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