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MARTIN v. ESTELLE

No. 76-1335 Summary Calendar.

541 F.2d 1147 (1976)

Claude Edward MARTIN, Jr., Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Dept. of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 5, 1976.

Attorney(s) appearing for the Case

Michael Thornell, Michael Thornell and Associates (Court-appointed), Houston, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Austin, Tex., Calvin Botley, Asst. Atty. Gen., John C. Madison, III, Joe B. Dibrell, Jr., Asst. Attys. Gen., Houston, Tex., for respondent-appellee.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

This appeal is from a denial of habeas corpus relief after a full evidentiary hearing by the United States District Court for the Southern District of Texas. Appellant was convicted after a jury trial in state court for murder with malice. The charge stemmed from a barroom altercation in which appellant fired a shotgun, killing two persons. The appellant's principal defense at trial was that he fired in self-defense.

The appellant raises two issues...

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