BURGETT v. TEXAS

No. 53.

389 U.S. 109 (1967)

BURGETT v. TEXAS.

Supreme Court of United States.

Decided November 13, 1967.


Attorney(s) appearing for the Case

Gordon Gooch, by appointment of the Court, 386 U.S. 953, argued the cause and filed briefs for petitioner.

Leon Douglas argued the cause for respondent. With him on the brief were Crawford Martin, Attorney General of Texas, George Cowden, First Assistant Attorney General, A. J. Carubbi and R. L. Lattimore.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioner was convicted of "assault with malice aforethought with intent to murder; repetition of offense." The jury fixed the punishment at 10 years in the Texas State Penitentiary.1 On appeal, the Texas Court of Criminal Appeals affirmed petitioner's conviction.2 We granted certiorari, 386 U.S. 931.

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