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PHELPER v. DECKER

No. 24293.

401 F.2d 232 (1968)

Ben Herbert PHELPER, Appellant, v. Bill DECKER, Sheriff of Dallas County, Texas, Appellee.

United States Court of Appeals Fifth Circuit.

August 6, 1968.

Attorney(s) appearing for the Case

Charles W. Tessmer, Emmett Colvin, Jr., Dallas, Tex., Waldie, McDowell & Colvin, Dallas, Tex., for appellant.

Malcolm Dade, Asst. Dist. Atty., Dallas County, Tex., Lonny F. Zwiener, Asst. Atty. Gen., R. L. Lattimore, Howard M. Fender, Robert E. Owen, Asst. Attys. Gen., Austin, Tex., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst., Henry Wade, Dist. Atty., Dallas County, Tex., for appellee.

Before BROWN, Chief Judge, BELL and THORNBERRY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This case presents an appeal from the denial by the District Court of Appellant Phelper's petition for a writ of habeas corpus.1 Appellant was convicted in the Texas State Courts of the misdemeanor of possessing obscene photographs in violation of Article 527, Vernon's Ann.Texas Penal Code,2 and was fined $1,000. Appellant raises a massive assault on the constitutionality of the...

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