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ASHLEY v. STATE OF TEXAS

No. 20457.

319 F.2d 80 (1963)

Leslie Douglas ASHLEY and Carolyn Lima, Appellants, v. The STATE OF TEXAS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 30, 1963.

Attorney(s) appearing for the Case

Clyde W. Woody, Houston, Tex., Lloyd M. Lunsford, South Houston, Tex., for appellants.

Frank Briscoe, Dist. Atty., Samuel H. Robertson, Jr., Asst. Dist. Atty., Houston, Tex., for appellees.

James J. Hippard, Houston, amicus curiae on behalf of Greater Houston Chapter of American Civil Liberties Union.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and DeVANE, District Judge.

TUTTLE, Chief Judge.

This is an appeal from the denial by the district court of the appellants' petition for habeas corpus based on their allegations that in their trial and conviction for murder and sentence to death, they had been denied constitutional rights under the Fourteenth Amendment to the Federal Constitution.

The facts upon which the appellants base their claim for a new trial in the Texas State Court are not seriously in dispute. The appellants...

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