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HACKATHORN v. DECKER

Civ. A. No. 3-2893-C.

312 F.Supp. 1304 (1970)

Carl Junior HACKATHORN, Petitioner, v. J. E. (Bill) DECKER, Respondent.

United States District Court, N. D. Texas, Dallas Division.

May 8, 1970.

Attorney(s) appearing for the Case

Phil Burleson, Abney & Burleson, Dallas, Tex., for petitioner.

John B. Tolle, Asst. Dist. Atty., Henry Wade, Dist. Atty., Dallas, Tex., for respondent.

MEMORANDUM OPINION AND ORDER

WILLIAM M. TAYLOR, Jr., District Judge.

This is a habeas corpus case brought by Carl Junior Hackathorn. In 1963 Petitioner was convicted of murder with malice and sentenced to death. He now attacks that conviction and sentence on several grounds.

The first contention the Petitioner sets forth is that under the Supreme Court Opinion in Witherspoon v. Illinois,

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