ELLIOTT v. BETO

No. 72-3062 Summary Calendar.

474 F.2d 856 (1973)

Leon Bennie ELLIOTT, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 13, 1973.

Certiorari Denied May 14, 1973.


Attorney(s) appearing for the Case

Fred M. Lange, Houston, Tex. (Court appointed), for petitioner-appellant.

Crawford Martin, Atty. Gen., Guy C. Fisher, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


Certiorari Denied May 14, 1973. See 93 S.Ct. 2284.

PER CURIAM:

This appeal is from the denial of habeas corpus relief. Appellant is presently serving a 40-year Texas state sentence for assault with intent to rape, following a jury verdict of guilty. He contends that his confession, introduced at the trial, was involuntary; that a one-man lineup in the absence of counsel was violative of due process; and that the use of perjured testimony by the prosecution...

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