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FOSTER v. BETO

No. 27306.

412 F.2d 892 (1969)

Jimmy A. FOSTER, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals Fifth Circuit.

July 8, 1969.

Attorney(s) appearing for the Case

Fred Lohmeyer, Dallas, Tex., for petitioner-appellant.

Crawford C. Martin, Atty. Gen., Dunklin Sullivan, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Executive Asst. Atty. Gen., W. V. Geppert, Staff Legal Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM and CARSWELL, Circuit Judges and ROBERTS, District Judge.

PER CURIAM:

In 1961, Jimmy Foster was indicted in the Criminal District Court of Dallas County, Texas, on one charge of robbery by firearms and two charges of robbery by assault. Foster pleaded not guilty to the charge of robbery by firearms. The jury found him guilty and sentenced him to thirty-five years imprisonment in the state penitentiary. Foster then pleaded guilty to the two charges of robbery by assault. The court...

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