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CARROLL v. BETO

No. 27887.

421 F.2d 1065 (1970)

Burlee CARROLL, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 27, 1970.

Attorney(s) appearing for the Case

Jerry L. Buchmeyer, Dallas, Tex., for petitioner-appellant; Thompson, Knight, Simmons & Bullion, Dallas, Tex., of counsel.

Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Executive Asst. Atty. Gen., Charles T. Rose, Allo B. Crow, Jr., Robert C. Flowers, Robert G. Darden, Asst. Atty's. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, THORNBERRY and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Burlee Carroll is serving a life sentence in the Texas prison system pursuant to his conviction in 1948, based upon his plea of guilty before a jury to the murder of his wife.

In February of 1968, the petitioner filed an application for writ of habeas corpus in the convicting Texas court. The same judge who presided at the petitioner's trial twenty-one years earlier held an extensive evidentiary hearing.

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