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BETO v. CONLEY

No. 24907.

393 F.2d 497 (1968)

Dr. George J. BETO, Director, Texas Department of Corrections, Appellant, v. Michael D. CONLEY, Appellee.

United States Court of Appeals Fifth Circuit.

April 3, 1968.

Attorney(s) appearing for the Case

Thomas F. Keever, Asst. Atty. Gen., Houston, Tex., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., R. L. Lattimore, Howard M. Fender, Asst. Attys. Gen., Austin, Tex., for appellant.

D. David Cryan, Houston, Tex., for appellee.

Before RIVES, GEWIN and THORNBERRY, Circuit Judges.

PER CURIAM:

This appeal is from a judgment granting habeas corpus to Conley, a State prisoner convicted of felony theft, and having been twice previously convicted of felonies, under mandatory life sentence as an habitual criminal as provided by Article 63 of the Vernon's Ann.Texas Penal Code.1

Conley's trial and conviction in the State court took place on July 22, 1964, just one month after the Supreme Court's decision in Escobedo...

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