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HINTZ v. BETO

No. 24396.

379 F.2d 937 (1967)

Harold C. HINTZ, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 3, 1967.

Attorney(s) appearing for the Case

Arthur Mitchell, Austin, Tex., Glenn Hausenfluck, Fort Worth, Tex., for appellant.

Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., Frank Coffey, Dist. Atty., Roland H. Hill, Jr., Asst. Dist. Atty., Fort Worth, Tex., Crawford C. Martin, Atty. Gen., of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst., R. L. Lattimore, Howard M. Fender, Larry J. Craddock, Asst. Attys. Gen., Austin, Tex., for appellee.

Before BELL, GODBOLD, and DYER, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge:

Appellant, a federal habeas corpus petitioner, stands convicted of murder with malice in the Criminal District Court of Tarrant County, Texas, and is awaiting the imposition of the death sentence. He was convicted on November 20, 1964 for the murder of his wife on February 17, 1964. His motion for new trial in the state court was denied and the conviction was affirmed on appeal. Hintz v. State, Tex.Crim.App., 1964,

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