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BLACK v. BETO

No. 24263.

382 F.2d 758 (1967)

Francis Marion BLACK, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections (Board of Pardons and Paroles of Texas and/or A. C. Turner, Pat Bullock, and Jack Ross, members of such Board, substituted as Appellees), Appellees.

United States Court of Appeals Fifth Circuit.

July 13, 1967.

Attorney(s) appearing for the Case

William E. Gray, Houston, Tex., for appellant.

Gilbert J. Pena, Lonny F. Zwiener, Asst. Attys. Gen. of Texas, Crawford C. Martin, Atty. Gen., George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst., R. L. (Bob) Lattimore, Howard M. Fender, Robert E. Owen, Asst. Attys. Gen., Austin, Tex., for appellees.

Before TUTTLE, Chief Judge, and THORNBERRY and GODBOLD, Circuit Judges.

TUTTLE, Chief Judge:

Appellant was tried in June, 1938, in the District Court in Brewster County, Texas, for the murder of his adopted son. The jury found him guilty, and the conviction was upheld on appeal to the Texas Court of Criminal Appeals. Black v. Texas, 137 Tex.Cr.R. 173, 128 S.W.2d 406 (1939). At the trial, appellant's signed confession was introduced in evidence against him. In this appeal from the district court...

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