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LEAL v. BETO

No. 23670.

378 F.2d 8 (1967)

Antonio LEAL, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

May 25, 1967.

Attorney(s) appearing for the Case

Clyde W. Woody, Houston, Tex., for appellant.

Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellee.

Before WISDOM, COLEMAN and GODBOLD, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the District Court denying Antonio Leal's petition for writ of habeas corpus.

Leal was convicted in Texas state court in 1958 for unlawful possession of marijuana. On appeal the Texas Court of Criminal Appeals affirmed. Leal v. State, 169 Tex.Cr. 222, 332 S.W.2d 729 (Ct.Crim.App., 1959).

The search of Leal which disclosed marijuana in his possession was made after an...

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