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GOMEZ v. BETO

No. 72-2714 Summary Calendar.

471 F.2d 774 (1973)

Gilbert GOMEZ, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 14, 1973.

Attorney(s) appearing for the Case

Harry H. Walsh, Tex. Dept. of Corrections, Huntsville, Ala., for petitioner-appellant.

Crawford Martin, Atty. Gen., Dunklin Sullivan, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 14, 1973.

PER CURIAM:

Petitioner in this appeal from a habeas corpus proceeding presents two separate challenges to the search which produced the evidence leading to his conviction on narcotic charges. The first is the lack of probable cause to arrest the petitioner and search the car in which he was riding. The second is whether the search of the car can be justified, assuming arguendo the existence of probable...

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