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EX PARTE JOHNSTON

No. 56906.

587 S.W.2d 163 (1979)

Ex parte Leon Willis Johnston.

Court of Criminal Appeals of Texas, En Banc.

October 3, 1979.

Attorney(s) appearing for the Case

None appearing for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ROBERTS, Judge.

This is a petition for writ of habeas corpus filed pursuant to Art. 11.07, V.A.C.C.P.

The applicant was convicted of the offense of rape on his plea of not guilty to a jury and was assessed the death penalty1 in June of 1964. The conviction was affirmed on appeal. See Johnston v. State, 396 S.W.2d 404, (Tex.Cr.App.), cert. denied 384 U.S. 1024, 86 S.Ct...

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