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STATE OF TEXAS v. GRAVES

No. 23100.

380 F.2d 676 (1967)

STATE OF TEXAS and Dr. George J. Beto, Appellants, v. James Edward GRAVES, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 7, 1967.

Attorney(s) appearing for the Case

Sam R. Wilson, Asst. Atty. Gen. of Texas, Houston, Tex., Lonny F. Zwiener, Asst. Atty. Gen., Waggoner Carr, Atty. Gen., Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Exec. Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellants.

J. S. Bailey, Jr., J. Charles Whitfield, Jr., Peter S. Navarro, Jr., Houston, Tex., for appellee.

Before HUTCHESON and DYER, Circuit Judges, and SPEARS, District Judge.

HUTCHESON, Circuit Judge:

Tried in a Texas state court for murder with malice, Graves was convicted by jury verdict and sentenced to death. The conviction was affirmed on direct appeal,1 but Graves was successful in obtaining a writ of habeas corpus from the court below. The grant of the writ was based on two grounds: that Graves was denied the effective assistance of counsel under the precepts of Escobedo v. State of Illinois,

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