POWERS v. HAUCK

No. 24946.

399 F.2d 322 (1968)

Ralph Carl POWERS, Appellant, v. W. B. "Billy" HAUCK, Sheriff of Bexar County, Texas, Appellee.

United States Court of Appeals Fifth Circuit.

August 5, 1968.


Attorney(s) appearing for the Case

Samuel L. Egger, San Antonio, Tex., for appellant.

James E. Barlow, Crim. Dist. Atty., Preston H. Dial, Jr., Crim. Dist. Atty., San Antonio, Tex., for appellee.

Before TUTTLE and GEWIN, Circuit Judges, and HUNTER, District Judge.


PER CURIAM:

Powers was convicted of murder with malice. The trial was before a jury upon a plea of not guilty. The jury returned a verdict of guilty and a sentence of death. His conviction was affirmed on direct appeal and state post-conviction remedies were denied. Execution has been stayed pending this appeal from the dismissal, after a hearing of his petition for a writ of habeas corpus.

After consideration, we find ourselves in full agreement with the...

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