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JOHNSON v. BETO

Civ. A. No. 71-H-909.

337 F.Supp. 1371 (1972)

Lee Otis JOHNSON, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, and L. G. Bounds, Warden, Coffield Unit, Texas Department of Corrections, Respondents.

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

January 19, 1972.

Attorney(s) appearing for the Case

William F. Walsh, Charles A. Keilin, Bobby H. Caldwell, Bennett Stokes, Arthur J. Mandell, Houston, Tex., for petitioner.

Joe S. Moss, Asst. Harris County Dist. Atty., Houston, Tex., Crawford C. Martin, Atty. Gen. of Texas, Robert C. Flowers, Lonny F. Zwiener, Asst. Attys. Gen., Austin, Tex., for respondents.

MEMORANDUM AND ORDER

CARL O. BUE, Jr., District Judge.

Petitioner, a prisoner in state custody, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §§ 2241, 2254.

On August 26, 1968, petitioner was tried before a jury for the offenses of possession and unlawful sale of marijuana. He was convicted only of the second offense, the unlawful sale or gift of one marijuana cigarette to a police undercover agent, and sentenced...

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