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JOHNSON v. BETO

No. 72-2218.

469 F.2d 1396 (1972)

Lee Otis JOHNSON, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 20, 1972.

Attorney(s) appearing for the Case

Crawford Martin, Atty. Gen., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

William F. Walsh, Bobby H. Caldwell, Charles A. Keilin, Arthur J. Mandell, Bennett Stokes, Houston, Tex., for petitioner-appellee.

Before WISDOM, BELL and COLEMAN, Circuit Judges.

PER CURIAM:

On the ground that Lee Otis Johnson had been denied a fair and impartial trial in a Texas state court, the United States District Court, 337 F.Supp. 1371, granted habeas corpus relief. Of course, Texas has the option of trying Johnson again.

Upon briefs and oral argument, the judgment of the District Court is

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