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ROZELL v. ESTELLE

No. 76-3442 Summary Calendar.

554 F.2d 229 (1977)

Algeroy A. ROZELL, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 1977.

Attorney(s) appearing for the Case

George A. Scharmen, II, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Austin, Tex., Clinton E. Averitte, Asst. Atty. Gen., Lubbock, Tex., Gilbert J. Pena, Asst. Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Chief Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

Algeroy A. Rozell was convicted, as a principal, for the forcible rape of his wife. Rozell held his wife, while the alleged co-principal had sexual intercourse with her. Rozell's state conviction was affirmed in Rozell v. State, 502 S.W.2d 16 (Tex.Cr.App.1973).

After exhausting his state remedies, Rozell petitioned the federal district court for habeas corpus pursuant to 28 U.S.C. § 2254. Rozell argued...

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