Raymond Lee Muench v. Dr. George J. Beto, Director, Texas Department of Corrections

Fifth Circuit

Raymond Lee Muench v. Dr. George J. Beto, Director, Texas Department of Corrections

340 F.2d 307

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 11, 1965

Docket21504_1

StatusPublished

This text of 340 F.2d 307 (Raymond Lee Muench v. Dr. George J. Beto, Director, Texas Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Raymond Lee Muench v. Dr. George J. Beto, Director, Texas Department of Corrections, 340 F.2d 307 (5th Cir. 1965).

Pincite

Opinion

PER CURIAM.

Appellant is presently serving a sentence of thirty years which was entered by the District Court of Walker County, Texas, upon a plea of guilty to an indictment charging assault with intent to murder, with malice aforethought, by lying in wait. In this habeas corpus petition, appellant attacks the sentence as excessive on the ground that his plea of guilty was made to the lesser offense of assault with intent to murder, which carries a maximum penalty of three years. There was a discrepancy between the indictment and certain of the commitment papers, which had later been altered to recite that the appellant had been adjudged guilty of the more serious offense.

The district court appointed an attorney to represent the appellant and held a full hearing on the merits of his claim. On the basis of the oral testimony of the appellant and the affidavit of the trial judge, the court concluded that appellant freely, knowingly, and with a full understanding of the offense with which he was charged, entered a plea of guilty. After carefully reviewing the record, we cannot say that the district court’s findings and conclusions were clearly erroneous, notwithstanding appellant’s testimony to the contrary.

The judgment is affirmed.

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

PER CURIAM.

Appellant is presently serving a sentence of thirty years which was entered by the District Court of Walker County, Texas, upon a plea of guilty to an indictment charging assault with intent to murder, with malice aforethought, by lying in wait. In this habeas corpus petition, appellant attacks the sentence as excessive on the ground that his plea of guilty was made to the lesser offense of assault with intent to murder, which carries a maximum penalty of three years. There was a discrepancy between the indictment and certain of the commitment papers, which had later been altered to recite that the appellant had been adjudged guilty of the more serious offense.

The district court appointed an attorney to represent the appellant and held a full hearing on the merits of his claim. On the basis of the oral testimony of the appellant and the affidavit of the trial judge, the court concluded that appellant freely, knowingly, and with a full understanding of the offense with which he was charged, entered a plea of guilty. After carefully reviewing the record, we cannot say that the district court’s findings and conclusions were clearly erroneous, notwithstanding appellant’s testimony to the contrary.

The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

340 F.2d 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-lee-muench-v-dr-george-j-beto-director-texas-department-of-ca5-1965.

Opinion

Related

Cite This Page — Counsel Stack