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SMOTHERMAN v. BETO

Civ. A. No. 3-1751.

276 F.Supp. 579 (1967)

Leon SMOTHERMAN, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent.

United States District Court N. D. Texas, Dallas Division.

November 24, 1967.

Attorney(s) appearing for the Case

Richard A. Moore, of Coke & Coke, Dallas, Tex., for petitioner.

Crawford C. Martin, Atty. Gen. of Texas, Ronald Luna, Asst. Atty. Gen. of Texas, Austin, Tex., for respondent.

OPINION

WILLIAM M. TAYLOR, District Judge.

Leon Smotherman was convicted of statutory rape in the Criminal District Court of Dallas County, Texas, in April, 1961. A jury assessed his punishment at 99 years confinement in the Texas penitentiary. His conviction was not appealed. In 1966, Smotherman filed in federal court an application for a writ of habeas corpus, 28 U.S.C.A. § 2241, alleging that a confession given by him and introduced against him at...

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