No. 19682.

315 F.2d 692 (1963)

Joe Edward SMITH, Appellant, v. Jack HEARD, Acting Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 16, 1963.

Attorney(s) appearing for the Case

J. E. Winfree, Houston, Tex., for appellant.

Frank Briscoe, Samuel H. Robertson, Jr., Houston, Tex., Lee P. Ward, Jr., Asst. Dist. Atty., for appellee.

Before HUTCHESON, WISDOM and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

This is an appeal from an order by the United States District Court for the Southern District of Texas dismissing a petition for writ of habeas corpus following a state court murder conviction.

Joe Edward Smith, petitioner, was convicted of the capital offense of murder with malice aforethought in the state courts of Texas. His victim was William Bodenheimer, a boy twelve years of age. The case was tried before a jury in the Criminal...

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