Stephen D. Zerschausky v. Dr. George J. Beto, Director, Texas Department of Corrections

GOLDBERG, Circuit Judge:

Following the successful example of Jackie Washington, 1 2 the appellant at bar claims error in the state trial court’s refusal to admit into evidence testimony of witnesses indicted as accessories. The district court below and the Texas Court of Criminal Appeals found the analogy invalid because the appellant here had never sought admission of such testimony. We affirm.

In April 1963 the appellant was convicted in a state district court for murder with malice and was sentenced to thirty years imprisonment. Three potential witnesses at his trial had been charged as…