Henry J. Di Prima v. Dr. George J. Beto, Director, Texas Department of Corrections

U.S. Court of Appeals for the Fifth Circuit March 2, 1967

Henry J. Di Prima v. Dr. George J. Beto, Director, Texas Department of Corrections, 373 F.2d 797 (5th Cir. 1967)

1967 U.S. App. LEXIS 7248

Opinion

PER CURIAM.

This habeas corpus case was heard by the District Court on oral evidence and on a certificate of the state trial judge. The United States District Court resolved all fact issues against the appellant. We cannot find these findings to be clearly erroneous. The trial court is charged with resolving issues of credibility of the several witnesses. Crediting the witnesses for the state, as it did, the trial court was warranted in making the findings of fact which resulted in a judgment dismissing the writ.

The judgment is affirmed.

Reference

Full Case Name: Henry J. DI PRIMA, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee
Cited By: 6 cases
Status: Published