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CHERRY v. STATE OF TEXAS

No. CA 4-2242.

361 F.Supp. 1284 (1973)

James Walter CHERRY v. STATE OF TEXAS.

United States District Court, N. D. Texas, Fort Worth Division.

August 3, 1973.

Attorney(s) appearing for the Case

James Walter Cherry, pro se.

John L. Hill, Atty. Gen., of Texas, by Larry F. York, Joe B. Dibrell, Thomas M. Pollan, Austin, Tex., for respondent.

MEMORANDUM OPINION

BREWSTER, Chief Judge.

This is a petition for writ of habeas corpus seeking to set aside petitioner's life sentence for murder with malice upon a jury verdict in Cause Number 79923, State v. Cherry, Criminal District Court Number 1, Tarrant County, Texas. The jury originally assessed the death penalty. The appellate court affirmed the conviction and death sentence in Cherry v. State, Tex.Cr.App., 488 S.W.2d 744

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