GIACONA v. BETO

No. 23925.

377 F.2d 280 (1967)

Carl Kelly GIACONA, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

May 4, 1967.


Attorney(s) appearing for the Case

Jack P. Kelso, Corpus Christi, Tex., for appellant.

Dunklin Sullivan, Asst. Atty. Gen., Waggoner Carr, Atty. Gen., of Texas, Howard M. Fender, Asst. Atty. Gen., Charles B. Swanner, Asst. Atty. Gen., Austin, Tex., for appellee.

Before WISDOM, COLEMAN and GODBOLD, Circuit Judges.


PER CURIAM:

The defendant seeks a writ of habeas corpus on the ground that the state trial court's application of the Texas habitual criminal statute setting a punishment of life imprisonment for a third felony conviction amounted to a denial of due process under the Fourteenth Amendment.

The indictment charged the defendant with the possession of marijuana. Vernon's Ann.P.C. art. 63 provides that "Whoever shall have been three times convicted of a felony...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases