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SHARP v. BETO

Civ. A. No. 3-344.

276 F.Supp. 871 (1967)

James Winston SHARP, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent.

United States District Court N. D. Texas, Lubbock Division.

November 27, 1967.

Attorney(s) appearing for the Case

Bobby D. Allen, Lubbock, Tex., for petitioner.

Crawford C. Martin, Atty. Gen., Allo B. Crow, Asst. Atty. Gen., Austin, Tex., for respondent.

OPINION

WILLIAM M. TAYLOR, Jr., District Judge.

This habeas corpus case, brought pursuant to 28 U.S.C.A. § 2241, presents the question of whether the petitioner, who was adjudicated insane by a state court and was thereafter put to trial by the state for the commission of a criminal offense, waived that guarantee accorded him by the Fourteenth Amendment that he not be convicted of a crime while he is legally incompetent. Pate v. Robinson, 1966,

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