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SMITH v. STATE OF TEXAS

No. 22130.

395 F.2d 958 (1968)

Joe Edward SMITH, Appellant, v. The STATE OF TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

June 10, 1968.

Attorney(s) appearing for the Case

James J. Hippard, Houston, Tex., for appellant.

Samuel Robertson, Jr., Houston, Tex., for appellee.

Before WISDOM and GEWIN, Circuit Judges, and BREWSTER, District Judge.

BREWSTER, District Judge:

This appeal is from a judgment denying the appellant's petition for writ of habeas corpus attacking the validity of his state court conviction on the ground that there had been no determination of the voluntariness of his confession in the manner required by Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908, 1 A.L.R.3d 1205 (1964).

The appellant was convicted of murder with malice aforethought...

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