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CARROLL v. BETO

No. 71-1046.

446 F.2d 648 (1971)

Burlee CARROLL, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 30, 1971.

Attorney(s) appearing for the Case

Charles E. Erwin, Abilene, Tex., Jerry L. Buchmeyer, Thompson, Knight, Simmons & Bullion, Dallas, Tex., for petitioner-appellant.

Crawford C. Martin, Atty. Gen., Robert Darden, Asst. Atty. Gen., Austin Tex., Ed Paynter, Dist. Atty., Abilene, Tex., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Gilbert J. Pena, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before AINSWORTH, INGRAHAM and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 30, 1971.

PER CURIAM:

Petitioner Burlee Carroll was convicted of murdering his wife in a Texas State court in 1948. After exhausting State remedies, he filed his petition for the writ of habeas corpus in the court below, which was denied. The first appeal resulted in a remand to the district court to determine whether petitioner was competent to stand trial in 1948. See Carroll v. Beto, 421 F...

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