No. 74-3042. Summary Calendar.

514 F.2d 63 (1975)

Manuel ZAMBRANO, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 4, 1975.

Attorney(s) appearing for the Case

James H. Randals, Staff Counsel for Inmates, TDC, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Andrew W. Carruthers, Merrill Finnell, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before COLEMAN, AINSWORTH and SIMPSON, Circuit Judges.


Appellant, represented by court-appointed counsel, was convicted by a jury of rape and sentenced to fifty years imprisonment. The conviction was affirmed in Zambrano v. State, 478 S.W.2d 500 (Tex.Cr.App., 1972).

In his habeas petition appellant raised grounds for relief which had been presented on direct appeal. He contended that after a jury had been impanelled to try him and two co-defendants, one of the co...

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