Charles Ray Smith v. Dr. George J. Beto, Director, Texas Department of Corrections

Fifth Circuit

Charles Ray Smith v. Dr. George J. Beto, Director, Texas Department of Corrections

471 F.2d 609, 1973 U.S. App. LEXIS 11715

Court of Appeals for the Fifth Circuit·Decided February 9, 1973·No. 72-2962·Published

Opinion

PER CURIAM:

The District Court has denied the petition of Charles Ray Smith for habeas corpus relief. We affirm.

Smith was convicted by a jury of murder with malice and sentenced to impris *610 onmexit for ninety-nine years, Smith v. State, Tex.Cr.App.1967, 418 S.W.2d 683.

The grounds for relief were asserted to be that police officers entered Smith’s residence without an arrest or search warrant, that he was interrogated without being advised of his rights, that the prosecuting attorney made an inflammatory statement to prospective jurors, and that there was insufficient evidence to sustain his conviction.

Upon a review of the appellate record and upon consideration of the briefs of the parties, the judgment of the District Court is

Affirmed.

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PER CURIAM:

The District Court has denied the petition of Charles Ray Smith for habeas corpus relief. We affirm.

Smith was convicted by a jury of murder with malice and sentenced to impris *610 onmexit for ninety-nine years, Smith v. State, Tex.Cr.App.1967, 418 S.W.2d 683.

The grounds for relief were asserted to be that police officers entered Smith’s residence without an arrest or search warrant, that he was interrogated without being advised of his rights, that the prosecuting attorney made an inflammatory statement to prospective jurors, and that there was insufficient evidence to sustain his conviction.

Upon a review of the appellate record and upon consideration of the briefs of the parties, the judgment of the District Court is

Affirmed.

Charles Ray Smith v. Dr. George J. Beto, Director, Texas Department of Corrections, 471 F.2d 609, 1973 U.S. App. LEXIS 11715 (5th Cir. 1973).

Pincite

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Opinion

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