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CLARK v. BETO

No. 22722.

359 F.2d 554 (1966)

Willie Earl CLARK, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 6, 1966.

Attorney(s) appearing for the Case

Lynn R. Coleman, Houston, Tex., for appellant.

Howard M. Fender, Asst. Atty. Gen., Austin, Tex., Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Austin, Tex., on the brief, for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and WARREN L. JONES, Circuit Judges.

HUTCHESON, Circuit Judge:

Appellant Willie Earl Clark is serving a life sentence under a Texas state court burglary conviction. Clark now collaterally attacks, by an application for writ of habeas corpus, the state court conviction, alleging that he was insane at the time of the offense and at the time of his state court trial, and asserting that such insanity renders the state court judgment void. The district court denied the habeas petition on the ground that Clark...

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