SMITH v. BETO

No. 71-3190.

467 F.2d 1374 (1972)

Lynnwell SMITH, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 20, 1972.


Attorney(s) appearing for the Case

Thomas P. Goranson, Dallas, Tex. (court appointed), for petitioner-appellant.

Crawford C. Martin, Atty. Gen. of Tex., Dunklin A. Sullivan, Austin, Tex., for respondent-appellee.

Before DYER, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM.

This is an appeal from the denial of Smith's petition for a writ of habeas corpus. The state court, at its post-conviction hearings, did not have before it the statement of facts, or transcript, from the original trial. Neither did the district court; nor did it hold an evidentiary hearing. A copy of the trial transcript was obtained during the course of this appeal, and counsel for both parties stipulated that the transcript contains evidence which may...

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