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BREEDLOVE v. BETO

No. 25903.

404 F.2d 1019 (1968)

Freddie BREEDLOVE, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

November 29, 1968.

Attorney(s) appearing for the Case

Charles G. Thrash, Jr., Houston, Tex., for appellant.

Howard M. Fender, Robert C. Flowers, Asst. Attys. Gen., Crawford C. Martin, Atty. Gen., of Texas, Nola White, First Asst. Atty. Gen., A. J. Carubbi, Jr., Executive Asst. Atty. Gen., Austin, Tex., for appellee.

Before BELL and SIMPSON, Circuit Judges, and ROBERTS, District Judge.

ROBERTS, District Judge:

In 1961, appellant killed a man in a night club and was charged with murder with malice. Appellant was convicted and sentenced to fifty years in confinement. Represented by very able court appointed counsel in this appeal from a denial of his habeas corpus appeal, appellant asserted several issues. However, since one of the issues will require a reversal, it is the only point that needs to be discussed by this Court.1

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