JONES
v.
CALIFORNIA

U.S. | 1967-02-20
No. 1134
386 U.S. 936 Supreme Court of the United States (1967) Positive Treatment
Cited by 1 case

Opinion

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Citator

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  • Beto v. Stacks, 408 F.2d 313 (5th Cir. 1969)
    …; Ex Parte Hammonds, Tex.Cr.App.1966, 407 S.W. 2d 779. Whether or not appellee could then be resentenced under Article 62 of the Texas Penal Code, however, without a new trial, see Ferrell v. State, Tex.Cr.App.1965, 397 S.W. 2d 86, 89, cert. denied, 386 U.S. 936, 87 S.Ct. 965, 17 L.Ed.2d 808, is an issue with which we need not concern ourselves on this appeal. Appellee’s right to a new trial rests upon the infectious influence which the use of a void conviction had on the jury’s determination of his guilt o…

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