HAY v. BETO

No. 72-2712 Summary Calendar.

467 F.2d 1388 (1972)

John David HAY, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 10, 1972.


Attorney(s) appearing for the Case

John David Hay, pro se.

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

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


PER CURIAM.

The district court denied the appellant's petition for a writ of habeas corpus on the grounds that he had failed to exhaust available state remedies. We vacate and remand.

Appellant Hay was convicted of burglary and sentenced to four years in the state penitentiary on September 19, 1967. This is the judgment of conviction which Hay is attacking in these proceedings.

In his habeas corpus petition the appellant alleges that he was illegally...

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