Legal Opinion
Harry Walter McCutcheon v. Dr. George Beto, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided January 24, 1964No. 20997PublishedCited by 6 opinions
1Per curiam
This is an appeal from an order denying a petition for writ of habeas corpus brought pursuant to Title 28 U.S.C.A. § 2254. McCutcheon was tried, and convicted of assault with intent to rob, with two prior felony convictions proved for enhancement. He was sentenced to life in prison.
McCutcheon asserts eight grounds for relief by writ of habeas corpus. He appears to have exhausted his state remedies by appeal to the Texas Court of Criminal Appeals 1 as to only one of these grounds, the failure of the indictment to allege an offense in statutory language. Brown v. Allen, 344 U.S. 443, 447, 73 S.…
2Cases cited3 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
- McCutcheon v. StateCourt of Criminal Appeals of Texas · 1962
3Cited by6 opinions
- Frank J. Brown, Jr. v. Wisconsin State Department of Public WelfareCourt of Appeals for the Seventh Circuit · 1972
- Bertsch v. BetoDistrict Court, S.D. Texas · 1965
- McCutcheon v. BetoDistrict Court, S.D. Texas · 1966
- Leon Sebring v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1966
- McCutcheon v. BetoDistrict Court, S.D. Texas · 1969
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