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GEPHART v. BETO

No. 30449.

441 F.2d 319 (1971)

Foley Ford GEPHART, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 17, 1971.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Austin, Tex., Lonny F. Zwiener, Asst. Attys. Gen., for respondent-appellant.

N. Robert Stoll, Portland, Or., H. Lee Godfrey, Austin, Tex., for petitioner-appellee.

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

GROOMS, District Judge:

This case is before us on an appeal challenging the action of the trial court in granting appellee habeas corpus relief.

Appellee Gephart was convicted of the offense of statutory rape upon a girl of eight years of age. The jury imposed a death sentence. The conviction was affirmed by the Court of Criminal Appeals of Texas on February 27, 1952. Gephart v. State, 157 Tex.Cr.R. 414,

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