Herman Boyd Smith v. Dr. George J. Beto, Director, Texas Department of Corrections

Fifth Circuit

Herman Boyd Smith v. Dr. George J. Beto, Director, Texas Department of Corrections

449 F.2d 1291, 1971 U.S. App. LEXIS 7355

Court of Appeals for the Fifth Circuit·Decided October 29, 1971·No. 71-1645·Published

Opinion

PER CURIAM:

Affirmed. 1 See Local Rule 21. 2

1

. Appellant sought relief on the grounds that (i) his arrest was illegal, (ii) he was subjected to an illegal search and seizure, (iii) he was placed in a line-up without benefit of counsel, (iv) he was not taken before a magistrate following his arrest, (v) he was not served with an indictment as required by State law, (vi) his appointed counsel was ineffective, (vii) his conviction was based on circumstantial evidence, (viii) the complaining witness gave perjured testimony, and (ix) there was a variance between the property taken and the property described in the indictment.

2

. See NLRB v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966.

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PER CURIAM:

Affirmed. 1 See Local Rule 21. 2

1

. Appellant sought relief on the grounds that (i) his arrest was illegal, (ii) he was subjected to an illegal search and seizure, (iii) he was placed in a line-up without benefit of counsel, (iv) he was not taken before a magistrate following his arrest, (v) he was not served with an indictment as required by State law, (vi) his appointed counsel was ineffective, (vii) his conviction was based on circumstantial evidence, (viii) the complaining witness gave perjured testimony, and (ix) there was a variance between the property taken and the property described in the indictment.

2

. See NLRB v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966.

Herman Boyd Smith v. Dr. George J. Beto, Director, Texas Department of Corrections, 449 F.2d 1291, 1971 U.S. App. LEXIS 7355 (5th Cir. 1971).

Pincite

449 F.2d 1291 (Herman Boyd Smith v. Dr. George J. Beto, Director, Texas Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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