SMITH v. ESTELLE

No. 74-1188.

519 F.2d 1267 (1975)

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

United States Court of Appeals, Fifth Circuit.

September 26, 1975.


Attorney(s) appearing for the Case

John Pierce Griffin, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Phillip M. Renfro, Houston, Tex. (Court appointed), for petitioner-appellee.

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


John R. BROWN, Chief Judge:

This is an appeal from a grant of a habeas writ to petitioner Smith, who was convicted of murder with malice in a Texas court. Smith contends that his conviction resulted from the admission into evidence of incriminating statements made by him to the interrogating police officers after his repeated requests for an attorney were denied. We agree with the State that the error in Smith's conviction was harmless beyond a reasonable doubt and...

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