McGARRITY v. BETO

Civ. A. No. 69-H-118.

335 F.Supp. 1186 (1971)

Thomas Picken McGARRITY, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent.

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

April 21, 1971.


Attorney(s) appearing for the Case

Ed Bluestein, Jr., Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., court appointed counsel for petitioner.

Crawford C. Martin, Atty., Gen., and Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., for respondent.


MEMORANDUM AND ORDER

NOEL, District Judge.

Petitioner was arrested March 2, 1959, and charged with statutory rape of a 12 year old female child. He was indicted March 9, 1959, and later tried by a jury. On December 2, 1959, he was found guilty, and sentenced to life in prison. A notice of appeal was not filed, and a transcript of the trial was never prepared.

Shortly after his son's arrest, petitioner's father retained counsel to represent his son...

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