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BREEN v. BETO

No. 27175.

421 F.2d 945 (1970)

John J. BREEN, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 4, 1970.

Attorney(s) appearing for the Case

John J. Breen, pro se.

Crawford Martin, Atty. Gen., State of Texas, Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., for appellee.

Before THORNBERRY, GODBOLD and MORGAN, Circuit Judges.

THORNBERRY, Circuit Judge.

This is an appeal from an order of the United States District Court for the Northern District of Texas denying a petition for writ of habeas corpus. Petitioner John J. Breen submits that the district court erred in dismissing his petition without a fact-finding hearing. In the district court, petitioner contested his 1954 conviction for robbery and assault on the grounds that the State of Texas did not appoint counsel for him on appeal,...

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