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THOMAS v. BETO

No. 72-2896.

474 F.2d 981 (1973)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 2, 1973.

Rehearing and Rehearing Denied April 23, 1973.

Attorney(s) appearing for the Case

Crawford Martin, Atty. Gen., Roland Daniel Green, III, Gilbert J. Pena, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Phoebe Lester, Houston, Tex. (Court appointed), for petitioner-appellee.

Before ALDRICH, SIMPSON and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 23, 1973.

CLARK, Circuit Judge:

The Director of the Texas Department of Corrections appeals from a judgment granting habeas corpus relief to an inmate. As the district court correctly recognized, our holdings in Brooks v. Texas, 381 F.2d 619 (5th Cir. 1967) and Hernandez v. Beto, 443 F.2d 634 (5th Cir. 1971), fixed the applicable law.

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