Rehearing and Rehearing En Banc Denied January 10, 1983.
THORNBERRY, Circuit Judge:
I. Introduction
This is an appeal by Caldwell, the Houston Chief of Police and defendant below, and the State of Texas, intervenor below, from a judgment arising out of a federal habeas corpus proceeding brought under 28 U.S.C. §§ 2241 and 2254 (1976). The district court reached the merits, and held that section 38.02 of the Texas Penal Code, the "Failure...
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