Opinion · Court of Appeals for the Fifth Circuit

Alfred Taylor v. Dr. George J. Beto, Director, Texas Department of Corrections

346 F.2d 157

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1965-05-24
Topic
general

PER CURIAM. As is true in Reyes v. Beto, 5 Cir., 1965, 345 F.2d 722, decided by us this date, this appeal challenges the constitutional fairness of the Texas procedure oj allowing the indictment allegations oi prior felony convictions to be read to the jury in a Habitual Offender prosecution. The District Court’s decision must likewise be affirmed on the basis of Breen v. Beto, 5 Cir., 1965, 341 F.2d 96.

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Cited by
5 opinions
TAYLOR v. BETO,346 F.2d 157(5th Cir. 1965)
Alfred TAYLOR, Appellant, v. Dr. George J. BETO, Director, Texas
Department of Corrections, Appellee.
No. 21735.
United States Court of Appeals, Fifth Circuit.
May 24, 1965.
Alfred Taylor, pro se.

Sam R. Wilson, Houston, Tex., Lonny F. Zwiener, Asst. Attys. Gen. of Texas, Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., Stanton Stone, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellee.
Before BROWN and GEWIN, Circuit Judges, and KILKENNY,fn*District Judge.
PER CURIAM.
As is true in Reyes v. Beto, 5 Cir., 1965,345 F.2d 722, decided by us this date, this appeal challenges the constitutional fairness of the Texas procedure of allowing the indictment allegations of prior felony convictions to be read to the jury in a Habitual Offender prosecution. The District Court's decision must likewise be affirmed on the basis of Breen v. Beto, 5 Cir., 1965,341 F.2d 96. See also Reed v. Beto, 5 Cir., 1965,343 F.2d 723[April 7, 1965]; see Stephens v. State, 1964, Tex.Cr.App.,377 S.W.2d 189, cert. denied, 1965,85 S.Ct. 1344[April 26, 1965].

Affirmed.
  1. Of the District of Oregon, sitting by designation. ↩