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McDONALD v. STATE OF TEXAS

Civ. A. No. 2-497.

274 F.Supp. 879 (1967)

Billy Jack McDONALD, Petitioner, v. The STATE OF TEXAS, Respondent.

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

October 25, 1967.

Attorney(s) appearing for the Case

L. Alward White, Jr., Amarillo, Tex., for petitioner.

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

OPINION

WILLIAM M. TAYLOR, Jr., District Judge.

This is a habeas corpus case. The petitioner, Billy Jack McDonald, is serving a two-year sentence in the Potter County, Texas jail for the offense of theft under the value of $50.00. He challenges the validity of his conviction on the ground that he was unlawfully arrested in violation of the Fourth and Fourteenth Amendments to the Constitution.

An evidentiary hearing was waived. The facts are not in...

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