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BROWN v. JONES

No. 73-3256. Summary Calendar.

489 F.2d 1040 (1974)

Dolphus Jack BROWN, Plaintiff-Appellant, v. Clarence JONES, Sheriff of Dallas County, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 22, 1974.

Attorney(s) appearing for the Case

Joseph A. Calamia, John L. Fashing, El Paso, Tex., George E. Gilkerson, Travis D. Shelton, Lubbock, Tex., Phil Burleson, Dallas, Tex., for plaintiff-appellant.

John L. Hill, Atty. Gen., Austin, Tex., Larry York, First Asst. Atty. Gen., Joe B. Dibrell, W. Barton Boling, Asst. Attys. Gen., El Paso, Tex., for defendant-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

PER CURIAM:

The District Court denied a writ of habeas to a Texas state prisoner on the sole basis of the opinion of the Texas Court of Criminal Appeals rendered on petitioner's direct appeal from his conviction. The habeas judge did not have before him the record of the proceedings in the Court of Criminal Appeals or the trial transcript.

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