S. C. Smith v. Dr. George J. Beto, Director, Texas Department of Corrections
This text of 395 F.2d 747 (S. C. Smith 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.
Opinion
In this habeas corpus proceeding (28 U.S.C.A. § 2241 et seq.), there was an evidentiary hearing in the district court in accordance with the teachings of Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963), and Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963), and the district court made findings of fact, which were fully justified by the record, .which we could not say are clearly erroneous. Rule 52 (a), Federal Rules of Civil Procedure. Additionally, the district judge’s conclusions of law were consistent with such findings. Hence, this case should be and is
Affirmed.
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395 F.2d 747, 1968 U.S. App. LEXIS 6719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-c-smith-v-dr-george-j-beto-director-texas-department-of-ca5-1968.