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HOOVER v. BETO

No. 29587.

439 F.2d 913 (1971)

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

United States Court of Appeals, Fifth Circuit.

March 9, 1971.

Attorney(s) appearing for the Case

Warren Burnett, Odessa, Tex., Raeburn Norris, Houston, Tex., Luther E. Jones, Jr., Corpus Christi, Tex., for appellant.

Lonny Zwiener, Asst. Atty. Gen., Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for appellee.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, Judge of the Court of Claims.

RIVES, Circuit Judge:

Hoover, a Texas state prisoner, appeals from the denial of his petition for habeas corpus. A two-count indictment was returned in a criminal district court of Harris County, Texas, charging in the first count that Hoover and three others, Young, Spivey and Sellars, on or about March 11, 1964 committed an armed robbery against Mair Schepps. The second count charges Hoover with the offense of being an accomplice to the commission of the robbery...

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