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KNIGHT v. ESTELLE

No. 73-3821.

501 F.2d 963 (1974)

Gerald David KNIGHT, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 5, 1974.

Attorney(s) appearing for the Case

Phil Burleson, Robert T. Baskett, Dallas, Tex., for petitioner-appellant.

Crawford C. Martin, Robert C. Flowers, Sarah Shirley, Asst. Attys. Gen., Austin, Tex., Randall S. Boyd, Asst. Atty. Gen., Dallas, Tex., for respondent-appellee.

Before TUTTLE, WISDOM and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 5, 1974.

GEE, Circuit Judge:

Knight appeals from denial of his request for habeas corpus directed to the Texas prison system, where he is confined on sentence of life imprisonment and a revoked parole. The original sentence resulted from his rape of an eleven year old girl, the revocation of his parole from the kidnapping, forcible rape and brutalizing of a twelve year old. Reversal is said to be required because...

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