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EX PARTE SMITH

No. 42063.

442 S.W.2d 709 (1969)

Ex parte David A. SMITH.

Court of Criminal Appeals of Texas.

June 25, 1969.

Attorney(s) appearing for the Case

Randell C. Riley, Fort Worth, for petitioner.

Frank Coffey, Dist. Atty., Truman Power and John Howze, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The controlling question presented is whether Washington v. Texas, 388 U.S. 14, 87 S.Ct. 1920, 18 L.Ed.2d 1019, decided June 12, 1967, has retroactive application.

The findings of fact and conclusions of law made by the district judge of the convicting court, holding that Washington does not have retroactive application to petitioner's 1962 conviction...

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