MALLONEE v. LANIER

No. 22069.

354 F.2d 940 (1966)

Eugene E. MALLONEE, Appellant, v. Sidney LANIER, Warden, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

January 10, 1966.


Attorney(s) appearing for the Case

Eugene E. Mallonee, pro se.

Sam R. Wilson, Houston, Tex., Lonny F. Zwiener, Austin, Tex., Asst. Attys. Gen. of Texas, Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., Stanton Stone, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellee.

Before TUTTLE, Chief Judge, COLEMAN, Circuit Judge, and HUNTER, District Judge.


PER CURIAM:

Mallonee is confined in the Texas State Penitentiary serving a sentence of life imprisonment resulting from his conviction of the offense of rape. He brought this habeas corpus proceeding alleging that he had been deprived of his liberty without due process of law. This is an appeal from a judgment discharging the writ and remanding petitioner to the custody of the respondent warden.

The principal assignment of error is the finding of the district...

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