U.S. Court of Appeals for the Fifth Circuit, 1968

S. C. Smith v. Dr. George J. Beto, Director, Texas Department of Corrections

S. C. Smith v. Dr. George J. Beto, Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided May 30, 1968 · Goldberg, Clayton, Hannay
395 F.2d 747; 1968 U.S. App. LEXIS 6719 (Federal Reporter, Second Series)

S. C. Smith v. Dr. George J. Beto, Director, Texas Department of Corrections

Opinion

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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