David A. Davis v. W. J. Estelle, Director, Texas Department of Corrections

JOHN R. BROWN,.Chief Judge:

Appellant, sentenced by a Texas jury in 1966 to life imprisonment enhanced by two prior felony convictions — one state and one federal, attacks this sentence by habeas corpus on the grounds that both of these underlying prior convictions were constitutionally defective. Because we find the record regarding the 1949 state conviction inadequate to *524enable us to consider his case properly, we reverse the District Court and order a further evidentiary hearing.

Appellant in 1966 was tried and convicted of theft and fraudulently concealing stolen property in Dallas County,…