LOWERY v. ESTELLE

No. 81-1198.

696 F.2d 333 (1983)

Jackie Vance LOWERY, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1983.


Attorney(s) appearing for the Case

Vinson & Elkins, Jeffrey W. Steidley, Houston, Tex. (Court-appointed), for petitioner-appellant.

Charles A. Palmer, Joe Foy, Jr., Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN and JOHNSON, Circuit Judges, and DUPLANTIER, District Judge.


JOHNSON, Circuit Judge:

Jackie Vance Lowery stands convicted of robbery by firearms. The district court found no violation of double jeopardy, due process, or the sixth amendment in his conviction, and denied his request for habeas corpus relief. We affirm.

I.

On an October afternoon in 1970, two men brandishing guns strode into the business office of the City Service vending machine firm as the owner and an employee counted up the day's receipts...

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