JOHNSON v. BETO

No. 30470 Summary Calendar.

436 F.2d 1063 (1971)

Billy Lee JOHNSON, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 5, 1971.


Attorney(s) appearing for the Case

Billy L. Johnson, pro se; Harry H. Walsh, Staff Counsel for Inmates, Texas Dept. of Corrections, Roy E. Greenwood, Legal Intern., Huntsville, Tex., for petitioner-appellant.

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Dunklin Sullivan, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


PER CURIAM:

Appellant seeks review of a district court judgment denying and dismissing his application for writ of habeas corpus. We affirm without reaching the merits.

Appellant was tried and convicted by a Texas state court on a charge of assault with intent to rape. On a direct appeal of that judgment, appellant sought to set up a claim of double jeopardy by reason of the fact that a jury had previously acquitted him of burglary with intent to rape, which...

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