GOLDBERG, Circuit Judge:
Don A. Stacks, appellee herein, convinced the court below that a constitutional malediction in his one-stage recidivist trial entitled him to a writ of habeas corpus. We agree that the hallowed writ was properly issued.
The background of Stack's trial is as follows. In July of 1960, appellee was indicted by the Grand Jury of Travis County, Texas for the offense of robbery by assault.
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