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MARION v. BETO

No. 28421.

434 F.2d 29 (1970)

James Lee MARION, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied January 4, 1971.

Attorney(s) appearing for the Case

Richard J. Clarkson, Law Offices Burnett & Childs, Odessa, Tex., for petitioner-appellant.

Crawford C. Martin, Atty. Gen. of Tex., Nola White, First Asst. Atty. Gen., Pat Bailey, Executive Asst. Atty. Gen., Allo B. Crow, Jr., Robert C. Flowers, Asst. Attys. Gen., Austin, Tex., James Mashburn, Dist. Atty., Midland County, Midland, Tex., for respondent-appellee.

Before GEWIN, GOLDBERG and SIMPSON, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied January 4, 1971.

SIMPSON, Circuit Judge:

This is an appeal from the denial, after hearing, of a Texas state prisoner's application for writ of habeas corpus.1 A prior appeal to this Court from a district court denial of habeas relief is reported as Marion v. Harrist, 5 Cir. 1966, 363 F.2d 139, cert. denied 386...

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