MEMORANDUM AND OPINION
SINGLETON, District Judge.
Petitioner, Willie Gilbert, was convicted of murder with malice in 1953 and was sentenced to 99 years in the State penitentiary. Maurice Sampson, his co-indictee, was convicted and sentenced to death. Both convictions were affirmed on appeal. Sampson v. State, 160 Tex. Cr.R. 302,
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