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WATERS v. BETO

No. 27884.

423 F.2d 934 (1970)

Clemmon D. WATERS, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 26, 1970.

Attorney(s) appearing for the Case

Clemmon D. Waters, pro se.

Howard M. Fender, Asst. Atty. Gen. of Texas, Austin, Tex., Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for appellee.

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.

RIVES, Circuit Judge:

On November 20, 1957 Waters was convicted in a Texas State Court of murder with malice and was sentenced to thirty years in the State Penitentiary. He entered upon the service of his sentence without appealing. After serving more than five years he was paroled, and remained out of custody for slightly more than a year and a half when his parole was revoked and he was returned to the penitentiary on February...

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