WEAVER v. STATE OF TEXAS

No. 71-2996 Summary Calendar.

453 F.2d 1226 (1972)

Don H. WEAVER, Petitioner-Appellant, v. STATE OF TEXAS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 5, 1972.


Attorney(s) appearing for the Case

Don H. Weaver, pro se.

Crawford C. Martin, Atty. Gen., of Texas, Larry J. Craddock, Asst. 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.


PER CURIAM:

This appeal is taken from an order of the District Court denying two petitions for habeas corpus which were consolidated below. Petitioner, Don H. Weaver, was convicted in Texas state courts on July 14, 1970, for burglary with intent to commit theft. He is presently serving a 12-year sentence following his conviction; however, his appeal from that conviction is pending in a Texas appellate court.

Weaver is not here attacking his present conviction...

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