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JOHNSON v. ELLIS

Civ. A. No. 13552.

194 F.Supp. 258 (1961)

Adrian JOHNSON, Petitioner, v. O. B. ELLIS, Director, Texas Department of Corrections, Huntsville, Texas, Respondent.

United States District Court S. D. Texas, Houston Division.

May 18, 1961.

Attorney(s) appearing for the Case

Bernard A. Golding, Houston, Tex., for petitioner.

Will Wilson, Atty. Gen., of Texas, Frank Briscoe, Dist. Atty., Harris County, Tex., and Samuel H. Robertson, Jr., and Lee P. Ward, Jr., Asst. Dist. Attys., Harris County, Tex., Houston, Tex., for respondent.

INGRAHAM, District Judge.

On March 10, 1961, there was filed in this court on behalf of Adrian Johnson an application for writ of habeas corpus. On May 2, 1961, a hearing was held on said application. This hearing continued for two days; fifteen witnesses, including petitioner, were heard.

Johnson was tried and convicted of murder with malice in the Criminal District Court of Harris County, Texas, in September 1959. His punishment was assessed at death. Petitioner...

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