LUTON v. STATE OF TEXAS

No. 19955.

310 F.2d 445 (1962)

Leo Daniel LUTON, Appellant, v. STATE OF TEXAS and H. E. Moore, Warden, Appellees.

United States Court of Appeals Fifth Circuit.

Certiorari Denied February 18, 1963.


Attorney(s) appearing for the Case

Thomas L. Ryan, William VanDercreek, Dallas, Tex., for appellant.

James K. Allen, First Asst. Dist. Atty., Emmett Colvin, Jr., Asst. Dist. Atty., Dallas, Tex., for appellees.

Before BROWN and BELL, Circuit Judges, and SIMPSON, District Judge.


Certiorari Denied February 18, 1963. See 83 S.Ct. 744.

PER CURIAM.

On the former hearing of the appeal from a denial of a writ of habeas corpus seeking invalidation of a Texas conviction for murder and a capital sentence, we remanded the case because of the trial court's error in rejecting a proffered affidavit as altogether inadmissible. Luton v. State of Texas, 5 Cir., 1962, 303 F.2d 899. On remand the District Court received...

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