MEMORANDUM OPINION
WOODWARD, District Judge.
Petitioner, James Faldon Turnbow, is in the custody of respondent pursuant to a judgment and sentence of the District Court of Hutchinson County, Texas, wherein petitioner was convicted on July 18, 1957, after a plea of not guilty, of the felony offense of rape. Punishment was assessed by the jury at confinement in the State Penitentiary for a term of not less than five years nor more than ninety-nine years. Although...
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