McDONALD v. BETO

No. 26646.

405 F.2d 884 (1969)

Daniel Odell McDONALD, Plaintiff-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

January 13, 1969.


Attorney(s) appearing for the Case

Daniel Odell McDonald, pro se.

Crawford C. Martin, Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before TUTTLE and GEWIN, Circuit Judges, and PITTMAN, District Judge.


PER CURIAM:

This is an appeal from the denial of a writ of habeas corpus to a prisoner of the State of Texas, who is serving a sentence for the murder of his grandmother. The trial occurred after Escobedo but prior to Miranda.

The appellant's sole contention is that his inculpatory statements should not have been admitted in evidence at his trial because they were inadmissible under Escobedo v. Illinois, 378 U.S. 478<...

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