Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of Corrections

On the Court’s own motion, our decision reported as MacKenna v. Ellis, 5 Cir., 1960, 280 F.2d 592, has been considered on rehearing before the Court en banc. The opinion and decision are modified in one respect only.

In lieu of the directions at the conclusion of the opinion as quoted in the margin,1 the following is substituted:

The judgment is therefore reversed and the cause remanded with directions grant the writ, vacate the judgment of conviction, and make such disposition of the petitioner as law and justice may require at the time of the entry of the final order.2

Reversed and remanded…