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WASHINGTON v. ESTELLE

No. 75-1379.

525 F.2d 1213 (1976)

James Ike WASHINGTON, Petitioner-Appellee, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 19, 1976.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Paul D. Schoonover, Dallas, Tex. (Court-appointed), for petitioner-appellee.

Before BROWN, Chief Judge, RIVES and GEE, Circuit Judges.

PER CURIAM:

This appeal is from a judgment of the federal district court granting the writ of habeas corpus to a Texas state prisoner, unless the State proceeds to retry the prisoner within 120 days. The appellee, James Ike Washington, is in custody under a sentence to life imprisonment for the murder with malice aforethought of his wife, Jo Ann Washington. The judgment and sentence were affirmed in Washington v. State, Tex.Cr.App.1972, 484...

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