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SMITH v. STATE OF TEXAS

Civ. A. No. 64-H-626.

236 F.Supp. 857 (1965)

Application for Writ of Habeas Corpus and for Stay of Execution of Joe Edward SMITH, Petitioner, v. The STATE OF TEXAS, Respondent.

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

As Modified January 13, 1965.

Attorney(s) appearing for the Case

Thompson, Hippard, Gibson, Korioth & Tita, James J. Hippard, Houston, Tex., for petitioner.

Sam Robertson, Jr., Asst. Dist. Atty., for Harris County, Tex., for respondent.

NOEL, District Judge.

Paraphrasing the language of the United States Court of Appeals for the Fifth Circuit1 in its second opinion in this matter, 329 F.2d 498, this case is still 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. Five years and five months after the date...

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