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BURNS v. BETO

No. 23201.

371 F.2d 598 (1966)

John Franklin BURNS, Appellant, v. Dr. George BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 30, 1967.

Attorney(s) appearing for the Case

J. R. Ramsey, Houston, Tex., for appellant.

Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for appellee.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and CHOATE, District Judge.

RIVES, Circuit Judge.

Burns, the appellant, is confined in the Texas State Penitentiary at Huntsville, Texas, under sentence of death. Upon his trial on January 15, 1964, in Criminal District Court No. 2 of Harris County, Texas, for the murder of Jessie Odum, there was admitted in evidence over his objection his written statement admitting in effect that he killed Odum. The jury found him guilty of murder with malice and...

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