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KING v. BETO

Civ. A. No. 3-2224.

291 F.Supp. 946 (1968)

Elwin Rudolf KING, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent.

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

November 5, 1968.

Attorney(s) appearing for the Case

John Ensle, (court appointed) Houston, Tex., for petitioner.

Crawford C. Martin, Atty. Gen., of Texas, R. L. Lattimore, Howard M. Fender and Thomas F. Keever, Asst. Attys. Gen., for respondent.

MEMORANDUM AND ORDER

NOEL, District Judge.

Petitioner in this habeas corpus proceeding is attacking two 1959 convictions. He was charged in two indictments with two incidents of statutory rape. He pled not guilty on the first indictment, but was convicted and sentenced to fifty years by the jury. Thereupon the charge in the second indictment was reduced to assault with intent to rape. Petitioner pled guilty and was given a concurrent fifty-year sentence...

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