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SMITH v. DECKER

Civ. A. No. CA 3-1933.

270 F.Supp. 225 (1967)

Jack Carroll SMITH and Thomas Edward Bannon v. Bill DECKER, Sheriff of Dallas County, Texas.

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

June 27, 1967.

Attorney(s) appearing for the Case

Emmett Colvin, Jr., and Ronald R. Waldie, Dallas, Tex., for plaintiffs.

James M. Williamson, Asst. Dist. Atty., Dallas, Tex., for defendant.

OPINION OF THE COURT

WILLIAM M. TAYLOR, Jr., District Judge.

Petitioners were charged by information with the offense of misdemeanor theft in Dallas County, Texas. Upon conviction, each was assessed a punishment of 30 days in jail and a fine of $100.00. They bring this habeas corpus action alleging that their constitutional right to be tried without comment by the prosecutor on their failure to testify, Griffin v. State of California, 380...

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