Legal Opinion

Horton v. Beto

District Court, S.D. Texas

Decided August 25, 1967No. 67-H-658Published

1Opinion of the Court

*98 Memorandum and Order

SINGLETON, District Judge.

Petitioner, Elmo Horton, seeks leave to file in forma pauperis a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 1915 (1966). Leave to file is granted, but in this Court only. The Clerk will file the petition.

Petitioner is currently serving a life sentence imposed by a Texas court pursuant to Vernon’s Ann.Tex. Penal Code art. 63 (1966), the Texas Habitual Criminal Act. Article 63 provides that “[wjhoever shall have been three times convicted of a felony less than capital shall on such third conviction be imprisoned for life in the…

2Cases cited5 opinions

White v. StateCourt of Criminal Appeals of Texas · 1961
Dr. George J. Beto, Director, Texas Department of Corrections v. Eugene SykesCourt of Appeals for the Fifth Circuit · 1966
United States of America Ex Rel. David Cyril Read, Relator-Appellant v. Walter B. Martin, Warden of Attica Prison, Attica, N.Y.Court of Appeals for the Second Circuit · 1959
Elwood v. SmithCourt of Appeals for the Ninth Circuit · 1947
United States ex rel. Nersesian v. FayDistrict Court, S.D. New York · 1965