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MARION v. HARRIST

No. 22649.

363 F.2d 139 (1966)

James Lee MARION, Appellant, v. Grady HARRIST, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 29, 1966.

Attorney(s) appearing for the Case

Garland Casebier, Carl Steckelberg, Midland, Tex., for appellant.

Allo B. Crow, Jr., Asst. Atty. Gen., Austin, Tex., Alton R. Griffin, Dist. Atty., Lubbock, Tex., for appellee.

Before BELL and THORNBERRY, Circuit Judges, and FISHER, District Judge.

GRIFFIN B. BELL, Circuit Judge:

Appellant is under a death sentence for murder. He was charged with bludgeoning Mrs. Fred Turner to death at her home in Midland County, Texas on October 29, 1963. Venue of the case was transferred by the state district court on its own motion from Midland County, Texas to Lubbock County, Texas. The jury returned a verdict of guilty on a plea of not guilty, and also found that appellant was sane at the time the act was committed and...

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