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ALSTON v. STATE OF TEXAS

Civ. A. No. 71-H-701.

339 F.Supp. 1153 (1972)

Billy Conrad ALSTON v. STATE OF TEXAS.

United States District Court, S. D. Texas, Houston Division.

March 6, 1972.

Attorney(s) appearing for the Case

John O. Kain, Powell, Tucker, Kain & Reedy, Houston, Tex., for petitioner.

Lonny F. Zweiner, Asst. Atty. Gen., Austin, Tex., for respondent.

MEMORANDUM AND ORDER:

SEALS, District Judge.

Petitioner, a prisoner in State custody, was convicted of assault with intent to commit murder and was sentenced as an habitual criminal to 25 years imprisonment on June 28, 1968. Judgment was affirmed by the Court of Criminal Appeals on October 28, 1970, Alston v. State, 458 S.W.2d 820 (Tex.Cr.App., 1970). The instant application was filed in this court on June 25, 1971. Since...

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