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BETO v. SYKES

No. 22734.

360 F.2d 411 (1966)

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

United States Court of Appeals Fifth Circuit.

April 29, 1966.

Attorney(s) appearing for the Case

Lonny F. Zwiener, Asst. Atty. Gen., of Texas, 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., Austin, Tex., for appellant.

No formal appearance entered for appellee, in pro. per.

Before RIVES and BELL, Circuit Judges, and FULTON, District Judge.

RIVES, Circuit Judge:

The district court granted Sykes' petition for habeas corpus and ordered his discharge from state custody for the reasons stated in an opinion hereto attached as Appendix A.

As appears from that opinion, the question presented and decided is a matter of state law only. Jurisdiction to consider and decide such a question has not been vested in any federal court or judge. 28 U.S.C.A. 2241(c); United States ex rel. Long v. Rundle, 3rd Cir...

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