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ROPER v. BETO

No. 31101.

454 F.2d 499 (1972)

Jimmie Curtis ROPER, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 1, 1972.

Attorney(s) appearing for the Case

Dunklin Sullivan, Asst. Atty. Gen., Crawford C. Martin, Atty. Gen. of Tex., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Thomas W. Hathaway (Court-appointed), Johnson, Hathaway & Jackson, Tyler, Tex., for petitioner-appellee.

Before O'SULLIVAN, THORNBERRY and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 1, 1972.

O'SULLIVAN, Senior Circuit Judge:

The State of Texas appeals from a judgment of the United States District Court for the Eastern District of Texas granting petitioner-appellee, Jimmie Curtis Roper, a writ of habeas corpus. Roper had been convicted of rape upon a jury trial had in the District Court of Smith County, Texas. The jury fixed his punishment at 75 years imprisonment. The United States District...

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