LITTON v. BETO

No. 24896.

386 F.2d 820 (1967)

D.H. LITTON, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

December 15, 1967.


Attorney(s) appearing for the Case

D.H. Litton, pro se.

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

Before COLEMAN and SIMPSON, Circuit Judges, and DAWKINS, District Judge.


PER CURIAM:

This is an appeal from denial by the district court of a writ of habeas corpus to a Texas state convict without a hearing, and without findings of fact. We reverse and remand for an evidentiary hearing, following which the district court should make findings of fact and conclusions of law as provided by Rule 52(a), F.R.Civ.P.

The appellant, represented by counsel retained for him by his mother, was convicted by the Texas trial court upon a plea...

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