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WELCH v. BETO

No. 22185.

355 F.2d 1016 (1966)

Eugene WELCH, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 28, 1966.

Attorney(s) appearing for the Case

Robert Doss, Denison, Tex., Charles E. Hughes, Sherman, Tex., Charles Alan Wright, Austin, Tex., for appellant.

Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., 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 BROWN and COLEMAN, Circuit Judges, and MORGAN, District Judge.

MORGAN, District Judge:

This case has a lengthy history. In order to unravel the issues presented, the case history in both the state and the federal courts must be related in detail.

Appellant Eugene Welch was tried in the District Court of Grayson County, Texas, convicted and sentenced to death for the brutal killing of Robert Wayne Ballou. Welch, a Negro adult, committed the murder of Ballou, a white minor, at Ballou's family home on June 10, 1962, while...

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