Lowell Edward Suit v. O. B. Ellis, Director of Texas Department of Corrections

CAMERON, Circuit Judge.

The sole question we shall discuss in this appeal is whether the Texas Court which tried the appellant did so in such manner as to deprive him of due process of law or its equal protection by failing to give due effect to Texas rules of criminal procedure. Petitioner makes no attack upon the statute 1 of Texas which governs applications for continuance nor upon its application as reflected in the Texas decisions.

This case originated in the trial and conviction of petitioner in a Texas court, on the charge of possession and sale of heroin in violation of a state law,…