Smith v. Estelle

U.S. Court of Appeals for the Fifth Circuit
Smith v. Estelle, 498 F.2d 631 (5th Cir. 1974)

Smith v. Estelle

Opinion of the Court

PER CURIAM:

Appellant was tried and convicted in Texas state court for assault with intent to murder. He seeks federal habeas corpus relief on the grounds he was tried in prison garb, rather than in civilian clothing, which we have granted on a number of occasions. Hernandez v. Beto, 5 Cir., 1971, 443 F.2d 634, Brooks v. State of Texas, 5 Cir., 1967, 381 F.2d 619, accord, Gaito v. Brierley, 3 Cir., 1973, 485 F.2d 86.

However, an examination of the evidentiary record in this case reflects beyond a reasonable doubt appellant’s guilt. We therefore hold the infraction to be harmless error. Thomas v. Beto, 5 Cir., 1973, 474 F.2d 981.

Affirmed.

Reference

Full Case Name
John Alton SMITH v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections
Cited By
4 cases
Status
Published