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WASHINGTON v. BETO

No. 29649.

424 F.2d 1035 (1970)

Webb WASHINGTON, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent.

United States Court of Appeals, Fifth Circuit.

April 24, 1970.

Attorney(s) appearing for the Case

Webb Washington, pro se.

Crawford Martin, Atty. Gen., Austin, Tex., for respondent.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

This case is before us on petitioner Washington's application for a certificate of probable cause under 28 U.S.C.A. § 2253, which was denied by the district court. We hereby grant the certificate of probable cause. Moreover, since we think the record clearly indicates the total lack of a factual basis for the district court's denial of Washington's application for a writ of habeas corpus, we choose to reach that issue and remand to the district court...

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