BRECKENRIDGE v. SMITH

No. 72-3825 Summary Calendar.

476 F.2d 288 (1973)

Robert Earl BRECKENRIDGE, Plaintiff-Appellant, v. Governor Preston SMITH, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 3, 1973.


Attorney(s) appearing for the Case

Robert Earl Breckenridge, pro se.

Crawford Martin, Atty. Gen., Austin, Tex., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.


PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a Texas state prisoner for a "declaratory judgment" and for the writ of habeas corpus. We affirm.

Appellant was convicted upon trial by jury of possession of marijuana, a narcotic drug, pursuant to Article 725b, Vernon's Ann.Texas Penal Code. He was sentenced to 18 years imprisonment. In his petition filed below, appellant requested the impanelling of a three-judge...

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