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MUENCH v. BETO

No. 21504.

340 F.2d 307 (1965)

Raymond Lee MUENCH, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

As Amended on Denial of Rehearing February 11, 1965.

Attorney(s) appearing for the Case

Louis DeWitt Wolfe, Jr., Houston, Tex., for appellant.

Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., for appellee.

Before GEWIN and BELL, Circuit Judges, and McRAE, District Judge.

PER CURIAM.

Appellant is presently serving a sentence of thirty years which was entered by the District Court of Walker County, Texas, upon a plea of guilty to an indictment charging assault with intent to murder, with malice aforethought, by lying in wait. In this habeas corpus petition, appellant attacks the sentence as excessive on the ground that his plea of guilty was made to the lesser offense of assault with intent to murder, which carries a maximum penalty...

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