HERNANDEZ v. BETO

No. 30085.

443 F.2d 634 (1971)

Juan D. HERNANDEZ, 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 May 12, 1971.


Attorney(s) appearing for the Case

J. M. Hopper, Houston, Tex., for petitioner-appellant.

Crawford Martin, Atty. Gen., Dunklin Sullivan, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, THORNBERRY and DYER, Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied May 12, 1971.

DYER, Circuit Judge:

Hernandez appeals from the District Court's denial, after an evidentiary hearing, of his petition for writ of habeas corpus. He asserts a deprivation of his Fourteenth Amendment rights because of the prosecutor's presentation to the state court jury, empaneled to try him for a felony offense, the fact of his two prior convictions, and because of a further violation of his rights...

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