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GRAVES v. BETO

No. 28502.

424 F.2d 524 (1970)

David Jessie GRAVES, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied May 26, 1970.

Attorney(s) appearing for the Case

Dunklin Sullivan, Asst. Atty. Gen., Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Pat Bailey, Exec. Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Weldon Holcomb, Tyler, Tex., for petitioner-appellee.

David Jessie Graves, in pro per.

Before WISDOM, GOLDBERG and INGRAHAM, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied May 26, 1970.

WISDOM, Circuit Judge.

In this case the Court scrutinizes the efficacy of a consent to a blood test secured by official stratagem.

A Texas jury convicted David Jessie Graves of the offense of rape and assessed a punishment of twelve years imprisonment. As part of its evidence at trial, the state proved that Graves's blood type matched that of blood discovered on the bed covers where the rape...

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