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CARAWAY v. BETO

No. 27454.

421 F.2d 636 (1970)

Connie Ray CARAWAY, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 21, 1970.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Executive Asst. Atty. Gen., W. V. Geppert, Staff Legal Asst. Atty. Gen., Robert C. Flowers, Jo Betsy Lewallen, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Connie Ray Caraway, pro se.

Vincent W. Perini (court-appointed), Richard S. Geiger, Dallas, Tex., for petitioner-appellee.

Before THORNBERRY, GODBOLD and MORGAN, Circuit Judges.

PER CURIAM.

This is an appeal from a decision of the United States District Court for the Northern District of Texas granting petitioner's application for writ of habeas corpus. On January 24, 1966, after a trial by jury, petitioner was found guilty of the charge of robbery with firearms and was sentenced to forty years imprisonment. On the same day, he pleaded guilty to the charge of attempt to commit robbery and was sentenced to ten years imprisonment, the sentence...

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