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PINEDA v. BAILEY

No. 21506.

340 F.2d 162 (1965)

Antonio Parra PINEDA, Appellant, v. R. E. BAILEY, Sheriff of El Paso County, Texas, and Dr. George Beto, Director of the Texas Department of Corrections, Appellees.

United States Court of Appeals Fifth Circuit.

January 12, 1965.

Attorney(s) appearing for the Case

Joseph A. Calamia, Edward S. Marquez, El Paso, Tex., for appellant.

Edwin F. Berliner, Dist. Atty., El Paso County, Tex., Allo B. Crow, Jr., Asst. Atty. Gen., of Texas, Austin, Tex., for appellees.

Before HUTCHESON, WISDOM and GEWIN, Circuit Judges.

HUTCHESON, Circuit Judge:

Appellant, found guilty of murder with malice in a Texas court, was sentenced to a maximum of 43 years in the state penitentiary. His conviction and sentence were affirmed by the Texas Court of Criminal Appeals. Pineda v. State, 367 S.W.2d 862 (Tex.Cr.App. 1963). Shortly after that affirmance Appellant complained that his constitutional right to assistance of counsel had been violated. He asserted this...

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