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ZERSCHAUSKY v. BETO

No. 25537.

396 F.2d 356 (1968)

Stephen D. ZERSCHAUSKY, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

June 12, 1968.

Attorney(s) appearing for the Case

Fred A. Semaan, San Antonio, Tex., Luther E. Jones, Jr., Corpus Christi, Tex., for appellant.

Preston H. Dial, Jr., Asst. Dist. Atty., James E. Barlow, Crim. Dist. Atty., San Antonio, Tex., Lonny F. Zwiener, Asst. Atty. Gen., Crawford Martin, Atty. Gen. of Texas, Sparta Bitsis, Asst. Dist. Atty., Austin, Tex., for appellee.

Before GOLDBERG and CLAYTON, Circuit Judges, and HANNAY, District Judge.

GOLDBERG, Circuit Judge:

Following the successful example of Jackie Washington,1 the appellant at bar claims error in the state trial court's refusal to admit into evidence testimony of witnesses indicted as accessories. The district court below and the Texas Court of Criminal Appeals found the analogy invalid because the appellant here had never sought admission of such testimony. We affirm.

In April 1963 the appellant was convicted...

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