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PAMPLIN v. MASON

No. 21941.

364 F.2d 1 (1966)

Brady PAMPLIN, Sheriff of Falls County, Texas and the State of Texas, Appellants, v. Alexander MASON, Appellee.

United States Court of Appeals Fifth Circuit.

July 27, 1966.

Attorney(s) appearing for the Case

Howard M. Fender, Lonny F. Zwiener, Gilbert J. Pena, Asst. Attys. Gen. of Texas, Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., Stanton Stone, Executive Asst. Atty. Gen., Austin, Tex., for appellants.

Robert L. Penrice, Waco, Tex., for appellee.

Before RIVES, WISDOM, and GEWIN, Circuit Judges.

WISDOM, Circuit Judge:

The petitioner in this habeas proceeding was convicted in the Texas courts of a misdemeanor,1 aggravated assault upon a local peace officer. The question the case presents is whether the state court's denial of a hearing on the defendant's motion for change of venue, to avoid jury prejudice, violated his constitutional right to due process under the Fourteenth Amendment. The district court granted petitioner's writ...

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