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COLE v. ESTELLE

No. 75-2258.

532 F.2d 1039 (1976)

James P. COLE, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 20, 1976.

Attorney(s) appearing for the Case

Toby Goldsmith, Fort Worth, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Patrick P. Rogers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 20, 1976.

PER CURIAM:

Cole was tried in a Texas State Court before a jury in jail garb for armed robbery. His defense was alibi. The jury found Cole guilty and he was subsequently sentenced to twenty years in the penitentiary. The Texas Court of Criminal Appeals affirmed. After exhausting state post-conviction relief remedies he sought habeas relief in the district court. The writ was denied. We affirm.

Cole...

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