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THOMAS v. SAVAGE

No. 74-3987.

513 F.2d 536 (1975)

Walter THOMAS, Jr., Petitioner-Appellee, v. Oscar SAVAGE, Warden, Retrieve Unit, Texas Dept. of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 25, 1975.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Ben M. Harrison, Asst. Atty. Gen., Max P. Flusche, Jr., Atty., Austin, Tex., for respondent-appellant.

Donald A. Smyth, Staff Counsel for Inmates, Brazoria, Tex., for petitioner-appellee.

Before GIBSON, THORNBERRY and AINSWORTH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 25, 1975.

GIBSON, Circuit Judge.

The State of Texas appeals the issuance of a writ of habeas corpus upon the application of petitioner, Walter Thomas, Jr., pursuant to 28 U.S.C. § 2254 (1970). Petitioner was convicted in a jury trial of robbery by assault in 1968.1 Under Texas' bifurcated system of criminal trials, the same jury then proceeded with the punishment stage of the...

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