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BROWN v. BETO

No. 30396.

439 F.2d 259 (1971)

Kenneth Jordan BROWN, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections and State of Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 1971.

Attorney(s) appearing for the Case

Carl E. F. Dally, Joe C. Shaffer, Briscoe, Dally & Shaffer, Houston, Tex., for petitioner-appellant.

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

Before GOLDBERG and DYER, Circuit Judges, and GROOMS, District Judge.

PER CURIAM:

Brown was found guilty of possession of heroin by a state court jury. In support of his petition for a writ of habeas corpus in the District Court, he alleges that the heroin introduced in the state trial was obtained pursuant to two search warrants supported by affidavits which on their face failed to show probable cause. Brown also alleges that he was not advised of his constitutional rights as required by Miranda v. Arizona, 1965, 384...

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