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LOPER v. BETO

No. 70-5388.

405 U.S. 473 (1972)

92 S.Ct. 1014

31 L.Ed.2d 374

LOPER v. BETO, CORRECTIONS DIRECTOR, ET AL.

Supreme Court of United States.

Decided March 22, 1972.

Attorney(s) appearing for the Case

John T. Cabaniss, by appointment of the Court, 404 U.S. 954, argued the cause for petitioner. With him on the brief was Dan G. Matthews.

Robert Darden, Assistant Attorney General of Texas, argued the cause for respondents. With him on the brief were Crawford C. Martin, Attorney General, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, and Robert C. Flowers, Assistant Attorney General.

MR. JUSTICE STEWART announced the judgment of the Court and an opinion in which MR. JUSTICE DOUGLAS, MR. JUSTICE BRENNAN, and MR. JUSTICE MARSHALL join.

The petitioner, Otis Loper, was brought to trial in a Texas criminal court in 1947 upon a charge of statutory rape. The alleged victim, Loper's 8-year-old step-daughter, was the only witness who identified him as the perpetrator of the crime. The sole witness for the defense was Loper himself, who testified that he...

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