ARECHIGA v. STATE OF TEXAS

No. 72-1476.

469 F.2d 646 (1972)

Rudolph Castillo ARECHIGA and Jose Moreno Perales, Petitioners-Appellants, v. STATE OF TEXAS et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1973.


Attorney(s) appearing for the Case

Shannon Ratliff, Austin, Tex. (Court-appointed), for Arechiga.

Joseph Latting, Austin, Tex. (Court-appointed), for Perales.

Crawford Martin, Atty. Gen., Roland Daniel Green, III, Sarah E. Phillips, Asst. Atty. Gens., Austin, Tex., for respondents-appellees.

Before DYER, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM:

Petitioners Arechiga and Perales were tried separately in Texas criminal court and convicted of possessing a narcotic drug. On this habeas appeal both petitioners contend that the prosecution knowingly acquiesced in the use of false testimony and that the trial court erroneously refused to allow defense counsel to impeach the main prosecution witness. On oral argument before this court petitioners' cases were consolidated with three other cases which involved...

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