PACE v. BETO

No. 72-2428 Summary Calendar.

469 F.2d 1389 (1972)

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

United States Court of Appeals, Fifth Circuit.

November 14, 1972.


Attorney(s) appearing for the Case

Crawford Martin, Atty. Gen., Sarah E. Phillips, E. Bruce Curry, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Harry H. Walsh, Staff Counsel for Inmates, Texas Dept. of Corrections, Charles R. Pace, Texas Dept. of Corrections, Huntsville, Tex., for petitioner-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.


WISDOM, Circuit Judge:

Charles Pace was convicted after a jury trial in 1969 on a charge of possession of marijuana, and sentenced to a term of two to ten years. After his conviction was affirmed in the Texas state courts, he filed a habeas corpus petition in federal district court in 1971, alleging that the evidence which led to his conviction had been discovered as the result of a constitutionally impermissible search...

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