STATE OF TEXAS v. WHITTINGTON

No. 25145.

391 F.2d 905 (1968)

The STATE OF TEXAS et al., Appellants, v. James C. WHITTINGTON, Appellee.

United States Court of Appeals Fifth Circuit.

March 29, 1968.


Attorney(s) appearing for the Case

Robert E. Owen, Asst. Atty. Gen., 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, Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellants.

Deane C. Watson, Lumpkin, Watson & Smith, Amarillo, Tex., for appellee.

Before COLEMAN, AINSWORTH and DYER, Circuit Judges.


DYER, Circuit Judge:

This appeal seeks review of a judgment of the District Court granting a petition for a writ of habeas corpus to Whittington, a state prisoner under sentence for armed robbery. Convinced that the writ was improvidently granted, we reverse.

At the time of Whittington's arrest his bond was set at $10,000. Although he was unable to post bond and therefore remained in jail, no motion to reduce bail was filed before trial. With funds made available...

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