G. W. Carroll v. Dr. George J. Beto, Director, Texas Department of Corrections

Fifth Circuit

G. W. Carroll v. Dr. George J. Beto, Director, Texas Department of Corrections

402 F.2d 61

Court of Appeals for the Fifth Circuit·Decided January 31, 1969·No. 26197·Published·Cited by 2 cases

Opinion

PER CURIAM:

G. W. Carroll appeals from the denial of his petition for habeas corpus. We affirm.

The appellant is confined by authority of a life sentence imposed under Article 63 of the Texas Penal Code, upon his third conviction for a felony. The judgment was affirmed upon direct appeal. Carroll v. State, 1957, 164 Tex.Cr.R. 511, 301 S.W.2d 108.

The appellant’s principal contentions are of (1) double jeopardy; (2) use of perjured testimony at his trial; (3) use of a void prior conviction for enhancement of sentence; and (4) interference by the state with his attempt to obtain the testimony of a witness.

The district court held an evidentiary hearing at which the appellant, represented by court-appointed counsel, testified. The court stated detailed reasons for denying the writ in a presently unpublished memorandum and order.

er , „ „ , ,, ,. We have carefully examined the entire j . , ... . , . record, including the transcript of the hearing in the district court. We have concluded that the district court’s decision is correct in point of law, and that its findings of fact were not “clearly erroneous.” Tyler v. Beto, 5 Cir. 1968, 391 F.2d 993; DiPrima v. Beto, 5 Cir. 1967, 373 F.2d 797, cert. denied 390 U.S. 1012, 88 S.Ct. 1266, 20 L.Ed.2d 164 (1968); King v. Heard, 5 Cir. 1962, 310 F.2d 127, cert. denied 375 U.S. 854, 84 S.Ct. 114,11 L.Ed.2d 81 (1963).

The judgment is Affirmed

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PER CURIAM:

G. W. Carroll appeals from the denial of his petition for habeas corpus. We affirm.

The appellant is confined by authority of a life sentence imposed under Article 63 of the Texas Penal Code, upon his third conviction for a felony. The judgment was affirmed upon direct appeal. Carroll v. State, 1957, 164 Tex.Cr.R. 511, 301 S.W.2d 108.

The appellant’s principal contentions are of (1) double jeopardy; (2) use of perjured testimony at his trial; (3) use of a void prior conviction for enhancement of sentence; and (4) interference by the state with his attempt to obtain the testimony of a witness.

The district court held an evidentiary hearing at which the appellant, represented by court-appointed counsel, testified. The court stated detailed reasons for denying the writ in a presently unpublished memorandum and order.

er , „ „ , ,, ,. We have carefully examined the entire j . , ... . , . record, including the transcript of the hearing in the district court. We have concluded that the district court’s decision is correct in point of law, and that its findings of fact were not “clearly erroneous.” Tyler v. Beto, 5 Cir. 1968, 391 F.2d 993; DiPrima v. Beto, 5 Cir. 1967, 373 F.2d 797, cert. denied 390 U.S. 1012, 88 S.Ct. 1266, 20 L.Ed.2d 164 (1968); King v. Heard, 5 Cir. 1962, 310 F.2d 127, cert. denied 375 U.S. 854, 84 S.Ct. 114,11 L.Ed.2d 81 (1963).

The judgment is Affirmed

G. W. Carroll v. Dr. George J. Beto, Director, Texas Department of Corrections, 402 F.2d 61 (5th Cir. 1969).

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