McCUNE v. ESTELLE

No. 75-4178 Summary Calendar.

534 F.2d 611 (1976)

Billy George McCUNE, Petitioner-Appellant, v. W. J. ESTELLE, Director Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 1, 1976.


Attorney(s) appearing for the Case

William M. Coats, Marvin O. Teague, Houston, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Robert E. De Long, Jr., Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before GODBOLD, DYER and RONEY, Circuit Judges.


PER CURIAM:

McCune appeals the dismissal of his habeas corpus petition by the district court. The main thrust of his argument is that he was mentally incompetent to stand trial when he was convicted for rape in 1950.1 We affirm.

McCune's mental competency was not raised at trial, and the court therefore made no resolution of that issue. The defense did attempt unsuccessfully to elevate...

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