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ANDERSON v. BETO

No. 72-2209 Summary Calendar.

469 F.2d 1076 (1972)

James Charles ANDERSON, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 27, 1972.

Attorney(s) appearing for the Case

James Charles Anderson, pro se.

Crawford Martin, Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, COLEMAN, and INGRAHAM, Circuit Judges.

PER CURIAM:

This case returned to this Court after having been remanded to the district court for a determination of whether state remedies have been exhausted. Anderson v. Beto, 5th Cir. 1972, 456 F.2d 1303.

The district court having failed to make that determination, we once again remand.

Appellant is a Texas state convict serving a life sentence for murder with malice. The conviction was affirmed on direct appeal...

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