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WELCH v. BETO

No. 24512.

400 F.2d 582 (1968)

John Robert WELCH, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 3, 1968.

Attorney(s) appearing for the Case

Shannon H. Ratliff, Austin, Tex., for appellant.

Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for appellee.

Before JONES, WISDOM, and THORNBERRY, Circuit Judges.

WISDOM, Circuit Judge:

In April 1953 in the District Court of Travis County, Texas, the petitioner, John Robert Welch, pleaded guilty to the offense of rape of a female under the age of 18. He was sentenced to life imprisonment. He took no appeal at that time. Nearly 12 years later, he filed a petition for a writ of habeas corpus in the Texas Court of Criminal Appeals, the only state post-conviction remedy then available to him. The court denied his petition without...

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