DONALDSON v. BETO

No. 23121.

367 F.2d 158 (1966)

James Robert DONALDSON, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 8, 1966.


Attorney(s) appearing for the Case

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

Before WISDOM, BELL and AINSWORTH, Circuit Judges.


PER CURIAM:

The appellant urges that the failure of a state court judge to advise him of his right to counsel and his right to subpoena witnesses at his "examining trial" vitiates his conviction on a plea of guilty for robbery by assault, and entitles him to federal habeas corpus.

Within a few hours of his arrest, the appellant was taken before a Justice Court of the State of Texas for an "examining trial" to "examine into the truth of the accusation made...

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