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WATERS v. BETO

No. 24803.

392 F.2d 74 (1968)

Clemmon D. WATERS, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

March 28, 1968.

Attorney(s) appearing for the Case

Minor L. Helm, Jr., Waco, Tex., for appellant.

Lonny F. Zwiener, Asst. Atty. Gen., Robert E. Owen, Asst. Atty. Gen., Austin, Tex., for appellee.

Before RIVES, GEWIN and THORNBERRY, Circuit Judges.

THORNBERRY, Circuit Judge:

On November 20, 1957, after a jury trial in the District Court of Limestone County, Texas, Clemmon D. Waters was convicted of murder with malice and sentenced to thirty years in the state penitentiary. He did not take a direct appeal. His application for writ of habeas corpus was denied without written opinion on May 23, 1966, by the Texas Court of Criminal Appeals. On March 23, 1967, the United States District Court for the Western District...

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