BONNER v. BETO

No. 23803.

373 F.2d 301 (1967)

Fay William BONNER, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 17, 1967.


Attorney(s) appearing for the Case

Orville A. Harlan, Houston, Tex., Fay William Bonner, pro se, for appellant.

Lonny F. Zwiener, Asst. Atty. Gen., 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., for appellee.

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


DYER, Circuit Judge:

This is an appeal in forma pauperis from the District Court's denial of appellant's petition for a Writ of Habeas Corpus.

Bonner and his wife were indicted separately in the state courts of Texas for the same burglary. Immediately prior to appellant's trial his wife pleaded guilty and was given probation. When appellant attempted to call her as a witness at his trial, the state trial judge refused to allow her to testify because...

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