PRUETT v. STATE OF TEXAS

No. 71-3284.

468 F.2d 51 (1972)

Johnnie PRUETT, Petitioner-Appellee, v. The STATE OF TEXAS, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted August 16, 1972.


Attorney(s) appearing for the Case

Crawford Martin, Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., Jim Vollers, State's Atty., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

David L. Tisinger, Austin, Tex., for petitioner-appellee.

Before DYER, Circuit Judge, SKELTON, Judge, and INGRAHAM, Circuit Judge.


Rehearing En Banc Granted August 16, 1972.

SKELTON, Judge:

In this case, the State of Texas has appealed from an order of the United States District Court for the Western District of Texas, the Honorable D. W. Suttle presiding, granting the petition for a writ of habeas corpus of Johnnie Pruett, appellee herein.

The facts show that Pruett, a young man 18 years of age, was convicted of sodomy on July 25, 1969, in the 52nd District Court of Coryell County...

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