COOK v. BETO

No. 71-1571 Summary Calendar.

446 F.2d 1387 (1971)

Clarence Stephen COOK, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 22, 1971.


Attorney(s) appearing for the Case

Clarence Cook, pro se.

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

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

In this case the District Court, without an evidentiary hearing, denied this Texas prisoner a writ of habeas corpus. We affirm.

Petitioner, represented by retained counsel, was convicted in 1963 of the attempted rape of his daughter. Originally indicted for rape, the petitioner was permitted to plead guilty of the lesser charge and was given a two to twenty-five year sentence. No direct appeal was taken...

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