TINDOL v. BETO

No. 25361.

392 F.2d 582 (1968)

James TINDOL, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

April 12, 1968.


Attorney(s) appearing for the Case

Harvey C. Hooser, Jr., Big Spring, Tex., for appellant.

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

Before GODBOLD and SIMPSON, Circuit Judges, and McRAE, District Judge.


GODBOLD, Circuit Judge.

Appellant was denied habeas corpus after an evidentiary hearing. We reverse.

Appellant was tried and convicted on a charge of murder with malice. He was represented at trial by court-appointed counsel. At the time of trial appellant had been in jail for a year. The verdict was rendered March 23, 1960. On April 22, 1960 his motion for a new trial was overruled, and on the same day counsel gave notice of appeal.

After the motion...

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