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GALLOWAY v. BETO

No. 27461.

421 F.2d 284 (1970)

Robert Chester GALLOWAY, Plaintiff-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied and Rehearing Denied April 8, 1970.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen. of Tex., Howard M. Fender, Jo Betsy Lewallen, Asst. Attys. Gen., Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Executive Asst. Atty. Gen., W. V. Geppert, Staff Legal Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for appellant.

Fred Time, Marks, Time & Aranson, Dallas, Tex., for appellee.

Before THORNBERRY, GODBOLD and MORGAN, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied April 8, 1970.

GODBOLD, Circuit Judge:

Galloway was charged in Texas state court with murder, including both murder with malice and murder without malice, as a result of a nightclub slaying. The jury brought in a verdict of guilty of murder without malice, which carries a maximum statutory penalty of five years in Texas. The verdict was silent as to the charge of murder with malice.

Galloway requested,...

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