John J. Breen v. Dr. George J. Beto, Director, Texas Department of Corrections

THORNBERRY, Circuit Judge.

This is an appeal from an order of the United States District Court for the Northern District of Texas denying a petition for writ of habeas corpus. Petitioner John J. Breen submits that the district court erred in dismissing his petition without a fact-finding hearing. In the district court, petitioner contested his 1954 conviction for robbery and assault on the grounds that the State of Texas did not appoint counsel for him on appeal, no statement of facts was provided, and no bills of exception filed. We hold that the district court should have either held a…