S. C. SMITH, APPELLANT,
v.
DR. GEORGE J. BETO, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS, APPELLEE

5th Cir. | 1968-05-30
No. 25686
395 F.2d 747 Court of Appeals for the Fifth Circuit (1968) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

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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