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EX PARTE TUTTLE

No. 41518.

445 S.W.2d 194 (1969)

Ex parte Cicero TUTTLE.

Court of Criminal Appeals of Texas.

Rehearing Denied October 22, 1969.

Attorney(s) appearing for the Case

Jack Kaufman, San Antonio, for appellant.

James E. Barlow, Dist. Atty., Sparta Bitsis, Asst. Dist. Atty., San Antonio, Crawford Martin, Atty. Gen., Nola White, A. J. Carubbi, Jr., Robert C. Flowers and Monroe Clayton, Asst. Attys. Gen., and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

This is a habeas corpus proceeding by an inmate of the Texas Department of Corrections attacking the validity of the life sentence under which he is confined.

The life term was assessed by a jury in Cause No. 44,314 in Criminal District Court (now the 144th District Court) of Bexar County, Texas, on July 6, 1942.

The indictment in said cause returned April 28, 1938, alleged that on or about April 23, 1938...

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