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LUCAS v. STATE OF TEXAS

No. 71-1051.

451 F.2d 390 (1971)

James Ernest LUCAS, Petitioner-Appellant, v. The STATE OF TEXAS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 28, 1971.

Attorney(s) appearing for the Case

Sal. Levatino, Austin, Tex., (Court-appointed) for petitioner-appellant.

Glenn R. Brown, Dunklin A. Sullivan, Asst. Attys. Gen., Crawford C. Martin, 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 BELL, AINSWORTH and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

This is an appeal from the denial by the District Court of habeas corpus relief to a state prisoner without an evidentiary hearing.

Petitioner was convicted in a Texas state court of robbery by assault with a firearm and sentenced to 50 years. The conviction was affirmed on direct appeal. Lucas v. State, 444 S.W.2d 638 (Tex.Cr.App.1969). No application for collateral relief was filed in state court....

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