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THOMAS v. BETO

No. 71-2664 Summary Calendar.

461 F.2d 244 (1972)

Walter THOMAS, Jr., Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 14, 1972.

Attorney(s) appearing for the Case

Roy E. Greenwood, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Roland Daniel Green, III, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

For the second time Thomas appeals from an order of the district court denying his petition for the writ of habeas corpus.1 Again we vacate and remand.

Thomas filed a "First Amended Original Petition" after the case was remanded by us in which he added an allegation to the effect that the prosecutor displayed his criminal record to the jury during a trial recess. It appears that the district court denied his amended...

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