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MARTIN v. SPRADLEY

No. 21550.

341 F.2d 89 (1965)

Tom Victor MARTIN, Appellant, v. Johnnie SPRADLEY, Sheriff of Panola County, Texas, Appellee.

United States Court of Appeals Fifth Circuit.

January 26, 1965.

Attorney(s) appearing for the Case

Huff Wall, J. E. Jackson, Carthage, Tex., for appellant.

Crawford Parker, Jr., Carthage, Tex., Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., Waggoner Carr, Atty. Gen. of Texas, Howard M. Fender, Gilbert J. Pena, Asst. Attys. Gen., Austin, Tex., for appellee.

Before HUTCHESON, GEWIN and BELL, Circuit Judges.

PER CURIAM.

The Appellant complains of the action of the United States District Court for the Eastern District of Texas in dismissing his Petition for Writ of Habeas Corpus. At the time Appellant filed his Petition he was held in custody of the Sheriff of Panola County, Texas, by virtue of his conviction in a Texas court for the offense of rape. He had filed a motion for new trial in the state court which was still pending...

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