LUNA v. BETO

No. 23813.

395 F.2d 35 (1968)

Jesse LUNA, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

May 7, 1968.


Attorney(s) appearing for the Case

John J. Browne, Houston, Tex., for appellant.

Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., Joe S. Moss, Asst. Dist. Atty., Houston, Tex., Waggoner Carr, Atty. Gen., of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, 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, Austin, Asst. Atty. Gen., for appellee.

Before JOHN R. BROWN, Chief Judge, and RIVES, TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON and CLAYTON, Circuit Judges.


DYER, Circuit Judge:

The facts of this habeas corpus case now before the court en banc* are fully and succinctly stated in this court's opinion on original hearing.1 For convenience, they are reproduced here:

Luna was convicted in the Criminal District Court of Harris County, Texas, of the offense of selling heroin and was sentenced to imprisonment for 25 years. The judgment of conviction was...

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