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SMITH v. ESTELLE

No. 74-1601. Summary Calendar.

498 F.2d 631 (1974)

John Alton SMITH, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 16, 1974.

Attorney(s) appearing for the Case

Donald L. Kraemer, Staff Counsel, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Sarah Shirley, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 16, 1974.

PER CURIAM:

Appellant was tried and convicted in Texas state court for assault with intent to murder. He seeks federal habeas corpus relief on the grounds he was tried in prison garb, rather than in civilian clothing, which we have granted on a number of occasions. Hernandez v. Beto, 5 Cir., 1971, 443 F.2d 634, Brooks v. State of Texas, 5 Cir., 1967,

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