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McGARRITY v. BETO

No. 71-2050 Summary Calendar.

452 F.2d 1206 (1971)

Thomas Picken McGARRITY, Petitioner-Appellant, v. Dr. George J. BETO, Director, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 30, 1971.

Attorney(s) appearing for the Case

Thomas P. McGarrity, pro se.

Crawford C. Martin, Atty. Gen. of Texas, Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM :

Thomas McGarrity, a prisoner of the State of Texas, has appealed from the district court's denial of his petition for writ of habeas corpus. The district court held an evidentiary hearing at which McGarrity and several other witnesses testified. At the hearing McGarrity was represented by court-appointed counsel.

McGarrity was tried by a jury in Texas state court and convicted of statutory rape of a twelve-year-old girl. On December 2, 1969, he...

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