Henry J. Di Prima v. Dr. George J. Beto, Director, Texas Department of Corrections

Fifth Circuit

Henry J. Di Prima v. Dr. George J. Beto, Director, Texas Department of Corrections

373 F.2d 797, 1967 U.S. App. LEXIS 7248

Court of Appeals for the Fifth Circuit·Decided March 2, 1967·No. 23805_1·Published·Cited by 6 cases

Opinion

PER CURIAM.

This habeas corpus case was heard by the District Court on oral evidence and on a certificate of the state trial judge. The United States District Court resolved all fact issues against the appellant. We cannot find these findings to be clearly erroneous. The trial court is charged with resolving issues of credibility of the several witnesses. Crediting the witnesses for the state, as it did, the trial court was warranted in making the findings of fact which resulted in a judgment dismissing the writ.

The judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This habeas corpus case was heard by the District Court on oral evidence and on a certificate of the state trial judge. The United States District Court resolved all fact issues against the appellant. We cannot find these findings to be clearly erroneous. The trial court is charged with resolving issues of credibility of the several witnesses. Crediting the witnesses for the state, as it did, the trial court was warranted in making the findings of fact which resulted in a judgment dismissing the writ.

The judgment is affirmed.

Henry J. Di Prima v. Dr. George J. Beto, Director, Texas Department of Corrections, 373 F.2d 797, 1967 U.S. App. LEXIS 7248 (5th Cir. 1967).

Pincite

373 F.2d 797 (Henry J. Di Prima v. Dr. George J. Beto, Director, Texas Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related