SMITH v. STATE OF TEXAS

No. 21083.

329 F.2d 498 (1964)

Joe Edward SMITH, Appellant, v. The STATE OF TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 11, 1964.


Attorney(s) appearing for the Case

James J. Hippard, Houston, Tex., for appellant.

Samuel H. Robertson, Jr., Houston, Tex., for appellee.

Before HUTCHESON and BELL, Circuit Judges, and BREWSTER, District Judge.


BREWSTER, District Judge.

This case is now in the throes of the piecemeal, post-conviction, collateral litigation of issues which has become the established practice where there is a conviction carrying a substantial penalty. Four and a half years after the date of the offense, the case is before us on appeal from a judgment of a federal district court denying a second petition for writ of habeas corpus after it had already run the gamut of litigation on the...

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