GODBOLD, Circuit Judge.
The appellee Clark was granted a writ of habeas corpus, after evidentiary hearing in federal district court, discharging him from custody imposed in a Texas state court conviction, without prejudice to the right of the state to retry him within a reasonable time. The district court concluded that in the particular circumstances of this case the state was required to prove that at the time of his criminal conviction in 1960 the habeas petitioner...
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