DOBY v. BETO

No. 23794.

371 F.2d 111 (1967)

Curtis Gale DOBY, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

January 6, 1967.


Attorney(s) appearing for the Case

Orville A. Harlan, Houston, Tex., for appellant.

Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for appellee.

Before TUTTLE, Chief Judge, and AINSWORTH and DYER, Circuit Judges.


AINSWORTH, Circuit Judge:

This appeal is from denial of a petition for habeas corpus relative to appellant's conviction in a Texas State Court in 1963 for possession of narcotics. Appellant contends that the narcotics were recovered in a search of his apartment pursuant to a search warrant based on an affidavit of police officers which was insufficient to show probable cause. Therefore, appellant urges that the search itself was illegal under the principle in Aguilar...

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