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TAYLOR v. ESTELLE

No. 74-2209.

506 F.2d 326 (1975)

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

United States Court of Appeals, Fifth Circuit.

January 13, 1975.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Larry F. York, Joe B. Dibrell, Randall S. Boyd, Roland Daniel, Bert Pluymen, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Ray J. McQuary, Staff Counsel for Inmates, Tex. Dept. of Corrections, Rosharon, Tex., for petitioner-appellee.

Before RIVES, GODBOLD and GEE, Circuit Judges.

PER CURIAM:

After careful consideration, we find ourselves in substantial agreement with the memorandum opinion of the experienced and able district judge, attached hereto as Appendix 1. In our opinion, the prosecuting attorney acted unfairly toward the accused when he told the victim, Schneider, that the man he had identified was not the man on trial. (See App. 84, quoted infra n. 1.) Again the prosecuting attorney acted unfairly toward the accused when, instead...

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