STATE OF TEXAS v. PAYTON

No. 24326.

390 F.2d 261 (1968)

The STATE OF TEXAS and Dr. George J. Beto, Director, Texas Department of Corrections, Appellants, v. Melvin Alexander PAYTON, Appellee.

United States Court of Appeals Fifth Circuit.

February 12, 1968.


Attorney(s) appearing for the Case

Lonny F. Zwiener, Robert E. Owen, Asst. Attys. Gen., Austin, Tex., for appellants.

J. R. Ramsey, Houston, Tex., for appellee.

Before BROWN, Chief Judge, SIMPSON, Circuit Judge, and SUTTLE, District Judge.


SIMPSON, Circuit Judge:

We review on appeal a judgment of the District Court granting the Writ of Habeas Corpus upon the petition of Payton, a State prisoner under sentence of death following his conviction of murder in the first degree, discharging him from the custody of the respondent, Dr. Beto, without prejudice to the right of the State of Texas to retry petitioner upon the indictment within sixty days form the date of judgment or within sixty days of final decision...

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