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STONE v. ESTELLE

No. 76-3820.

556 F.2d 1242 (1977)

Vernon Frank STONE, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 1977.

Attorney(s) appearing for the Case

Norman R. Miller, Dallas, Tex. (Court appointed), for petitioner-appellant.

W. Barton Boling, Asst. Atty. Gen., El Paso, Tex., John L. Hill, Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Jack B. Boone, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before AINSWORTH and HILL, Circuit Judges, and LYNNE, District Judge.

AINSWORTH, Circuit Judge:

Appellant Vernon Frank Stone was convicted by a Texas jury of murder with malice, and punishment was assessed at twenty-six years' imprisonment. The conviction was affirmed by the Texas Court of Criminal Appeals. Stone v. State, 1974, 510 S.W.2d 612 (Tex.Cr.App.). Stone then filed a state court petition for habeas corpus which was denied, as was his application in the federal court below, from which...

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