EARIN v. BETO

No. 71-2824.

453 F.2d 376 (1972)

Eugene F. EARIN, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 31, 1972.


Attorney(s) appearing for the Case

Eugene F. Earin, pro se.

Crawford C. Martin, Atty. Gen. of Tex., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


PER CURIAM.

This appeal is taken from an order of the district court denying the habeas corpus petition of a Texas state prisoner. We affirm.1

Appellant was convicted on his plea of guilty to a charge of assault with intent to rape. The statute under which he was convicted, Article 1162, Vernon's Ann. Texas Penal Code, provides for a sentence of any term of years not less than two but specifies no maximum term of imprisonment....

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