McLAIN v. BETO

No. 30147.

441 F.2d 703 (1971)

Leonard L. McLAIN, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 1971.


Attorney(s) appearing for the Case

Robert Darden, Asst. Atty. Gen., Crawford C. Martin, Atty. Gen. of Tex., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Wallace M. Swanson, Ernest E. Figari, Jr., Dallas, Tex., for petitioner-appellee.

Before BROWN, Chief Judge, WISDOM and RONEY, Circuit Judges.


PER CURIAM:

The Court has carefully examined the record and considered all of the contentions made in the appellant's brief. The judgment is affirmed for the reasons stated in the district court's opinion orders of January 30, 1970, and in light of Pate v. Robinson, 1966, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815; Lee v. Alabama, 5 Cir. 1967, 386 F.2d 97; Floyd v. United States, 5 Cir. 1966,

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