Rehearing and Rehearing En Banc Denied February 15, 1978.
THORNBERRY, Circuit Judge:
In November of 1972 petitioner-appellee, Elliot Wayne White, was charged by a Harris County Grand Jury with the theft of an automobile. Before action could be taken on that indictment, White was charged separately with the theft of some tools. Confusion between those two cases occasions this appellate review. White was convicted in the automobile case. On direct appeal to...
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