LeMASTER v. BETO

No. 24524.

387 F.2d 612 (1967)

Robert G. LeMASTER, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

December 28, 1967.


Attorney(s) appearing for the Case

Harry R. Jones, Jr., Houston, Tex., for appellant.

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

Before TUTTLE and GEWIN, Circuit Judges, and HUNTER, District Judge.


PER CURIAM:

This is an appeal from an order of the District Court dismissing appellant's petition for habeas corpus. Appellant has pursued and clearly exhausted all state remedies. He was convicted of robbery by assault, after having plead not guilty by reason of insanity, and was sentenced to serve from five to twenty years.

We are once again concerned with the extent of the duty of a court-appointed attorney to prosecute a first appeal from a criminal conviction...

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