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SIMON v. WOODSON

No. 71-2789 Summary Calendar.

454 F.2d 161 (1972)

Austin Troy SIMON, Petitioner-Appellee, v. Albert WOODSON, Sheriff of Lamar County, Texas, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 5, 1972.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen. of Texas, Alfred Walker, Executive Asst. Atty. Gen., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., M. D. Emerson, County Atty., Jerry Davis, Asst. County Atty., Lamar County, Tex., Nola White, First Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., for respondent-appellant.

Leighton Cornett, Paris, Tex., Cornett, Echols & Biard, Paris, Tex., for petitioner-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

CLARK, Circuit Judge:

After several habeas corpus proceeding adjustments, which included one appellate review, the State of Texas set bail for A. T. Simon at 20,000 dollars on a charge of assault upon a police officer with intent to murder. Simon then asserted a right to federal habeas relief, pursuant to 28 U.S.C.A. §§ 2241 and 2254. The district court found that the bail as set by Texas was so excessive as to be violative of the Eighth Amendment and to...

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