GONZALES v. BETO

No. 72-1126 Summary Calendar.

460 F.2d 314 (1972)

Julio GONZALES, Petitioner-Appellant, v. Dr. George BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 18, 1972.


Attorney(s) appearing for the Case

Roy E. Greenwood, Staff Counsel, Tex. Dept. of Corrections, Harry H. Walsh, III, Staff Counsel, Huntsville, Tex., for petitioner-appellant.

Howard M. Fender, Asst. Atty. Gen. State of Texas, Austin, Tex., Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Rober C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


PER CURIAM:

Appellant, a Texas State prisoner, incarcerated for theft, appeals from a denial by the District Court of habeas relief. He contends that the warrantless search of an impounded automobile (in which he had been riding as a passenger when arrested) was illegal, and that a lineup procedure at which he was identified without benefit of counsel was so fundamentally prejudicial as to amount to a deprivation of due process.

We have examined the record...

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