ANDERSON v. STATE OF TEXAS

No. 74-3789 Summary Calendar.

507 F.2d 105 (1975)

Eugene ANDERSON, Petitioner-Appellant, v. STATE OF TEXAS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 1975.


Attorney(s) appearing for the Case

Eugene Anderson, pro se.

John L. Hill, Atty. Gen., Austin, Tex., W. Barton Boling, El Paso, Tex., for respondent-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


PER CURIAM:

The judgment denying habeas corpus relief must be vacated because the district court acted without reviewing petitioner's state trial transcript and did not hold an evidentiary hearing.

In his pro se petition appellant has contended that he was denied a fair and impartial trial because the prosecutor allegedly read into evidence the contents of two letters from him to his co-defendant, written while both were incarcerated in jail pending...

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