J. W. Gamble v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Petitioner appeals the district court’s denial of his petition for writ of habeas corpus. 28 U.S.C.A. § 2254. Petitioner was originally convicted of murder with malice aforethought and sentenced by a jury to 35 years imprisonment. Following a reversal of his conviction, Gamble v. Texas, 509 S.W.2d 355 (Tex.Cr.App.1974), his retrial before a different jury resulted in a second verdict of guilty and a sentence of 50 years imprisonment. This conviction was affirmed by the Court of Criminal Appeals. Gamble v. Texas, 528 S.W.2d 132 (Tex.Cr. App.1975). Petitioner challenges the jury’s imposition of…