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PROCELLA v. BETO

Civ. A. No. 70-H-39.

319 F.Supp. 662 (1970)

Gerald PROCELLA, Petitioner, v. Dr. George J. BETO, Director of the Texas Department of Corrections, Respondent.

United States District Court, S. D. Texas, Houston Division.

November 13, 1970.

Attorney(s) appearing for the Case

John M. Ille, Houston, Tex., for petitioner.

Crawford C. Martin, Atty. Gen., Robert C. Flowers and Charles R. Parrett, Asst. Attys. Gen., Austin, Tex., for respondent.

MEMORANDUM OPINION AND ORDER

NOEL, District Judge.

Petitioner, represented by retained counsel, has filed a petition for the writ of habeas corpus contending that his state conviction for murder with malice should be set aside because he was denied a fair trial. Respondent has answered attaching state records and pleadings, and has moved to dismiss the petition.

This Court has jurisdiction, 28 U.S.C. § 2254. Respondent concedes that state remedies...

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