Alonzo Thomas v. Dr. George J. Beto, Director, Texas Department of Corrections

CLARK, Circuit Judge:

The Director of the Texas Department of Corrections appeals from a judgment granting habeas corpus relief to an inmate. As the district court correctly recognized, our holdings in Brooks v. Texas, 381 F.2d 619 (5th Cir. 1967) and Hernandez v. Beto, 443 F.2d 634 (5th Cir. 1971), fixed the applicable law. 1 Its judgment was based upon a determination that the constitutional error of trying the petitioner in jail garb was not harmless beyond a reasonable doubt. However, Hernandez requires that this court independently review the Texas trial court record, and that perusal…