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DAVIS v. BETO

No. 23825.

368 F.2d 999 (1966)

Kiney Joseph DAVIS, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 20, 1966.

Attorney(s) appearing for the Case

Lonny F. Zwiener, Asst. Atty. Gen., Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., for appellee.

Before JONES, WISDOM and GOLDBERG, Circuit Judges.

PER CURIAM.

Appellant seeks relief by application for habeas corpus from a state court conviction for the possession of heroin. A search was made disclosing the heroin under a warrant procured upon the affidavit of a police officer based upon "reliable information from a credible person." The sole issue presented by the appeal is whether Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723, is to be given retrospective...

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