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BOLES v. BETO

No. 24169.

379 F.2d 614 (1967)

Edward Leon BOLES, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 27, 1967.

Attorney(s) appearing for the Case

Edward Leon Boles, pro se.

Lonny F. Zwiener, Asst. Atty. Gen., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst., R. L. Lattimore, Howard M. Fender, Asst. Attys. Gen., Austin, Tex., for appellee.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM:

The district court denied this petition for a writ of habeas corpus on the basis that the same contention had been advanced in a prior application — Boles v. Beto, S.D.Tex., Houston Div., No. 14,557 — which was denied after an evidentiary hearing. 28 U.S.C.A. § 2244. A perusal of both records reveals that in both petitions appellant contended that he had been denied a trial transcript and the right to take a direct appeal. The former...

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